McEathron v. State

294 S.W.2d 822 (1956)

Wallace Edwin McEATHRON, Appellant,

v.

The STATE of Texas, Appellee.

No. 27739.

Court of Criminal Appeals of Texas.

October 3, 1956.

J. T. Kelley, Jr., Russell F. Wolters, Houston, for appellant.

Dan Walton, Dist. Atty., Eugene Brady and Thomas D. White, Asst. Dist. Attys., Houston, Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Presiding Judge.

All prior opinions are withdrawn.

The offense is driving while intoxicated; the punishment, 10 days in jail and a fine of $150.

The issue of whether appellant was intoxicated at the time in question was closely contested,…