Stilwell v. State

OPINION

ONION, Judge.

The offense is driving while intoxicated upon a public highway; the punishment, 3 days in jail and- a fine of $50.00. Upon the recommendation of the jury, the appellant was placed on misdemeanor probation for 4 months by the court. Article 42.13, Vernon’s Ann.C.C.P.

Initially, appellant contends the trial court erred in denying his motion for mistrial following the unresponsive answer of a police officer witness which injected a highly prejudicial extraneous offense into the case (Article 483, V.A.P.C.).

Amarillo City Police Officer Bernard Richard Lee Reid was not the…