Hager v. State

OPINION

MORRISON, Judge.

The offense is driving while intoxicated; the punishment, 225 days in jail and a fine of $250.

Ground of error number 1 relates to appellant’s contention that the complaint was not sworn to before a proper officer. The complaint upon which this prosecution was instituted was sworn to before R. E. Dahlin, Assistant District Attorney. Such has been held to be a valid complaint. Catchings v. State, 162 Tex.Cr.R. 342, 285 S.W.2d 233.

Ground of error number 2 relates to the taking of the breathalyzer test. This test was administered on March 22, 1971.1 The State’s witness…