Foley v. State

ON APPELLANT’S MOTION FOR REHEARING

BELCHER, Judge.

The record as perfected shows that the statement of facts and formal bills of exception were timely filed in the trial court and are now properly before this Court.

The testimony of the state sufficiently shows that the appellant was guilty as charged. Testifying in his own behalf, the appellant denied that he was intoxicated and stated that his physical appearance was due to his diabetic condition.

Bill of Exception No. 1 shows that Witness Young was called by the appellant on the issue of his reputation for sobriety. The bill recites that if…