Nichols v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for the misdemeanor offense of driving a motor vehicle while intoxicated upon a public highway. After the jury returned a verdict of guilty, punishment was assessed by the court at fine of one hundred dollars and thirty days in jail, probated for a period of six months. See Article 42.13, Vernon’s Ann.C.C.P.

Appellant contends the evidence is insufficient to support the verdict.

The record reflects that appellant was arrested during the early morning hours of September 5, 1971, while he and his wife were en route home from a party at…