Bearden v. State

The conviction is for the felony offense of driving while intoxicated; the punishment, 6 months in jail and a fine of $375.

Proof was offered of the prior conviction as alleged and that the appellant was the same person so convicted.

There was no dispute on any material issue except the one of whether the appellant was intoxicated as alleged in charging the primary offense. The testimony of three witnesses for the state shows that he was intoxicated while the testimony of appellant and three witnesses called by him shows that he was not intoxicated.

The jury resolved the issue of intoxication…