Encinas v. State

WOODLEY, Judge.

The conviction is for a second offense of driving an auto mobile upon a public highway while intoxicated; the punishment, 2 years in the penitentiary.

The evidence, viewed from the standpoint of the state, shows that appellant was riding in his automobile upon the highway named in the indictment, the other occupant of the car being his wife.

Texas State Highway Patrolman, Joe T. Kulp, while driving on this highway, met appellant’s car which, at the time, crossed the center line of the highway and forced the car Kulp was driving off the pavement.

Kulp immediately turned his car…