Tennison v. State

DICE, Judge.

The conviction is under Art. 802b, V.A.P.C., for the felony of driving while intoxicated with punishment assessed at 30 days in jail and a fine of $100.

*355The evidence was undisputed that the appellant drove his automobile upon a public highway at the time and place alleged.

The arresting officer, Highway Patrolman M. E. Wilson, testified that after he stopped the appellant he could smell the odor of alcohol on him, his eyes were watery and red, that he staggered when he walked and expressed his opinion that he was intoxicated. He further testified that on such occasion he examined…