Scoggins v. State

ON MOTION EOR REHEARING.

MORROW, Presiding Judge.

— It is urged that we were in error in holding that there was no reversible error revealed by the failure of the trial court to define the term “intoxicated.”

There was no evidence for the appellant. One of the State’s witnesses testified that while the appellant was driving his car and officers were trying to stop him, he came very near running over them. They finally stopped and arrested him. The witness said:

“The defendant was drunk. I smelled intoxicating liquor on his breath. When he got out of the car, we had to hold him up so he could…