Flack v. State

The conviction is for driving while intoxicated; the punishment, 10 days in jail and a fine of $250.

Appellant’s appeal is predicated upon the sole contention that the court erred in refusing to give his requested charge on circumstantial evidence.

The state’s witness, Mildred Tull, testified that on the day in question she went with the appellant in a pick-up truck to Hale Center to get her sister-in-law, Mrs. Jessie Duncan; that after they picked up Mrs. Duncan at the home of a Mrs. Anderson the three drove around and while appellant was driving the pick-up on a country road the vehicle ran…