Cotner v. State

WOODLEY, Judge.

The conviction is for the felony offense of driving while intoxicated as defined in Art. ,802b V.A.P.C.; the punishment, two years in the penitentiary.

Two deputy sheriffs testified that appellant was intoxicated at the time they saw him drive his truck on the highway in the vicinity of Trail 80 Cafe, in Wood County, near Mineóla. A highway patrolman, who arrived shortly after appellant was taken from the truck, also testified that he was intoxicated.

The indictment contains the allegation: that appellant “in the County of Wood and State of Texas did then and there unlawfully…