Brady v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

In the face of the circumstances developed and detailed in the original opinion and the definite declaration of one of the witnesses that the appellant was drunk, this court is not authorized to declare that the verdict of the jury finding that the appel*182lant was driving an automobile while intoxicated is unsupported by the evidence.

The statute denouncing the offense of which the appellant was convicted fixes the maximum penalty at confinement in the penitentiary for two years. It is the general rule that a verdict which has been received and…