Whitaker v. State

OPINION

WOODLEY, Presiding Judge.

The offense is drunk driving; the punishment, one year in jail and a fine of $250.00.

Trial was before a jury on a plea of not guilty and upon separate hearing the jury assessed the punishment.

The sufficiency of the evidence to sustain the conviction is not challenged.

Witnesses who observed appellant immediately after the collision testified that he had the odor of alcohol on his breath; that he had lost control of his faculties and was unable to walk without being assisted, and that in their opinion he was intoxicated.

Testifying as a witness in his own behalf…