Herndon v. State

Sognier, Judge.

Appellant was convicted of driving with .12 percent or more by weight of alcohol in his blood. In his sole enumeration of error appellant contends the trial court erred by denying his request to charge the definitions of direct and circumstantial evidence.

There was no record of trial made in this case, but it was stipulated that appellant was driving an automobile on a public highway at 1:52 a.m., April 30, 1987, and a test administered by police on an Intoximeter 3000 at 2:24 a.m. the same date registered an alcohol content of .15 percent. It was also stipulated that the…