Lewis v. State

Smith, Judge.

The appellant was convicted of driving under the influence of intoxicants and appeals from the judgment and the overruling of his motion for new trial. Appellant contends that the state’s circumstantial evidence was not sufficient to support a conviction, that the state failed to prove that he was "less safe” to drive in his condition, and that there was a material variance between the allegation charged in the indictment and the proof presented at trial. Finding no error, we affirm.

Evidence at trial showed that the appellant was found by a nearby resident, Melvin Owenby, in a…