Durham v. State

BONE, Judge.

This appeal is from appellant’s conviction on a charge of driving while intoxicated. Trial was had before the Honorable W. G. Hawkins, Judge of the DeKalb County Court, without a jury. The court found the appellant guilty and assessed his fine at $100.00.

Appellant was arrested, by the Sheriff of DeKalb County and one deputy, while operating an automobile on a public road in DeKalb County on 27 January 1955.

Testimony by the two law enforcement officers tended to show that at the time of the arrest the appellant was “staggering” and drunk.

At the conclusion of the State’s evidence,…