Boggess v. State

DAVIDSON, Judge.

This is a conviction for driving while intoxicated upon a public highway; the punishment, a fine of $50.

A highway patrolman, seeing appellant swerve his car from a public highway and into a borrow pit, went immediately to him. The patrolman testified that appellant was intoxicated at the time. A one-fifth bottle of whisky, about a third of which was gone, was found in the automobile.

Testifying as a witness in his own behalf, appellant denied that he was intoxicated at the time or had drunk any whisky or other intoxicating beverages. He insisted, and so testified, that he was a…