Ashley v. State

DAVIDSON, Judge.

The offense is the driving, while intoxicated, of an automobile upon a public highway; the punishment, a fine of $50.

The disputed issue of fact was whether appellant was intoxicated at the time he was driving the automobile.

Two highway patrolmen, after detailing the acts and conduct of the appellant, testified that in their opinion appellant was intoxicated. Such testimony was sufficient to warrant the jury’s conclusion of guilt.

*536The witness Benson, who was in the automobile with appellant at the time he, according to the testimony of the state’s witnesses, was intoxicated,…