Frazier v. State

on state’s motion for rehearing.

MORRISON, Judge.

In the light of the state’s motion, the opinion heretofore rendered in this cause is withdrawn, and the following is substituted inlieu thereof.

The offense is driving while intoxicated as a subsequent offender under Article 802b, P. C.; the punishment, one year and one day in the penitentiary.

Patrolman Gilbert testified that on the night in question he observed a pickup truck being driven in an erratic manner on the highway and that he stopped the truck, saw some beer therein, observed that appellant was intoxicated, arrested the appellant, and…