Shilling v. State

OPINION

MORRISON, Judge.

The offense is driving while intoxicated, the punishment, 30 days in jail and a fine of $100.00.

The sole question presented for review is the action of the trial court in overruling appellant’s objection to the following question propounded to appellant by State’s counsel on cross-examination, to wit:

“Q. Why is it if you felt you were not intoxicated did you refuse to give a blood test?”

Appellant’s reliance upon the holding of this court on rehearing in Cardwell v. State, 156 Tex.Cr.R. 457, 243 S.W.2d 702, is, we have concluded, well taken. There we said in discussing…