Butterfield v. State

WOODLEY, Judge.

The offense is driving an automobile upon a public highway while intoxicated; the punishment, thirty days in jail and a fine of $50.

It is conceded by appellant, in his brief, that the evidence is sufficient to sustain the conviction. It will not be discussed further than to say that, in addition to opinion evidence of the arresting officer and other witnesses for the State, an analysis of a sample of blood taken from appellant showed that it contained “8.5 milligrams of alcohol per c.c. of blood.”

The sole claim of error is predicated upon the trial court’s failure to submit as…