Rodgers v. State

WOODLEY, Judge.

The offense is driving a motor vehicle upon a public highway while intoxicated; the punishment, 3 days in jail and a fine of $100.

Appellant, a mail carrier, was stopped by Texas Highway Patrolmen while he was driving an automobile toward Clarks-ville on a public highway. He testified that he had gone alone to a beer joint in Oklahoma where he drank three beers, and that he was not intoxicated.

The patrolmen described his manner of driving and his appearance and conduct after they stopped him, and expressed the opinion that appellant was “very drunk.”

The jury resolved the fact…