Royal v. State

273 S.W.2d 426 (1954)

Charles ROYAL, Appellant,

v.

The STATE of Texas, Appellee.

No. 26989.

Court of Criminal Appeals of Texas.

October 20, 1954.

Rehearing Denied December 15, 1954.

Clay Coggins, Roby, for appellant.

Phil Davis, County Atty., Aspermont, Wesley Dice, State's Atty., Austin, for the State.

MORRISON, Judge.

The offense is driving while intoxicated; the punishment, 20 days in jail and a fine of $50.

The original opinion herein is withdrawn, and the following substituted in lieu thereof.

Bill of exception No. 13 complains of an allusion to the failure of the appellant to testify contained in…