Padgett v. State

McDonald, judge.

The offense is driving while intoxicated, subsequent offense, á felony; the punish- ’ ment, confinement for two years' in. jail.

The previous conviction of appellant for the misdemeanor offense of driving while intoxicated was stipulated by agreed testimony.

D. L. Burgess, a police officer of the city of Dallas, testified that he and his partner arrested appellant near Fair Park and that appellant was speeding, changing lanes, and had his car lights off. The officer testified that in'his opinion the appellant was intoxicated. He further testified that he took a .38 calibre…