Lummus v. State

BELCHER, Commissioner.

The conviction is for driving while intoxicated; the punishment, fifteen days in jail .and a fine of $50.

The testimony of two officers introduced by the state reflects that the appellant was intoxicated while driving an automobile upon a public highway as alleged. They also testified that they found several cold cans of beer in the car, and that two other occupants of the car were intoxicated.

Testifying in his own behalf, the appellant denied that he had drunk any intoxicants or that he was intoxicated, but stated that his two companions were intoxicated and had some…