Chubb v. State

OPINION

NYE, Chief Justice.

A jury found appellant guilty of driving while intoxicated, and the court assessed punishment at ninety days in jail, probated for two years, and a $500 fine. We affirm.

Appellant’s sole complaint is that the second paragraph of the court’s charge failed to apply the law to the facts of the case. The State responds that the charge given was adequate and, alternatively, that appellant was not even entitled to the instruction. Tex.Code.Crim.Proc.Ann. art. 38.-23(a) (Vernon Supp.1991) provides:

No evidence obtained by an officer or other person in violation of any…