Berry v. State

ON MOTION TO REINSTATE THE APPEAL

MORRISON, Presiding Judge.

The record has now been perfected, and the case will be considered on its merits.

Officers Hutchins and Willingham of the Abilene Police Department testified that at approximately five o’clock on the morning in question, while on patrol, they observed an automobile weaving back and forth across two lanes and on to the shoulder of the highway and gave chase; that they pursued it for four blocks, and when they brought it to a halt they observed the appellant, who was the driver thereof. They stated that he smelled strongly of…