McKay v. State

BEAUCHAMP, Judge.

Appellant was assessed a penalty of $50.00 by a jury on a charge of driving a motor vehicle on the streets of the city of Austin while intoxicated.

That he drove the vehicle on the streets at the time alleged is admitted. Appellant stoutly denied his intoxication, but did admit drinking four bottles of beer in the late afternoon and evening before his arrest. When taken to the city hall by the police he signed a written permission for the officers to test his breath for alcohol by an instrument known as the Harger Drunkometer.

The officers who arrested him and observed him…