Patterson v. State

BELCHER, Judge.

The conviction is for driving while intoxicated; the punishment, 20 days in jail and a fine of $50.

It is undisputed that the appellant on March 3, 1959, was driving an automobile upon a public highway at the time and place alleged.

Two officers testified that they saw the appellant immediately after he had stopped his automobile, heard him talk and observed him walk, smelled the odor of alcohol on his breath, and expressed the opinion that he was then intoxicated.

Appellant testifying in his own behalf stated that he had a normal drink of whiskey at 3:00, 4:00, 7:00 and 10:30…