Yarbrough v. State

WOODLEY, Judge.

*315The conviction is for a subsequent offense of driving while intoxicated (Art. 802 (b) V.A.P.C.) ; the punishment, six months in jail and a fine of $300.

Appellant contends that the evidence is insufficient to show that he was intoxicated or under the influence of intoxicating liquor at the time in question. He also contends that the evidence in this regard was entirely circumstantial, and the trial court erred in refusing to charge the jury on the law of circumstantial evidence. These contentions call for a rather full statement of the evidence.

The prosecution arose through an…