Brown v. State

WOODLEY, Judge.

The conviction is for driving a motor vehicle upon a public highway while intoxicated, the punishment having been assessed by the jury at a fine of $50.

Following his arrest, appellant was taken to a hospital where a blood specimen was taken from him.

The specimen was drawn by a nurse in the presence of W. A. Martin, a police officer, who testified that it was placed in a tube by the nurse and left at the hospital.

The nurse did not testify.

Dr. Hershberger, a physician and surgeon, testified that the blood specimen was called to his attention by Anne Evans, a laboratory technician…