Bush v. State

ALLEN, Justice.

Appellant was convicted by a jury of driving a motor vehicle on a public highway while intoxicated, and the court assessed punishment at 30 days in jail, probated for one year, and a fine of $50.00. Appellant contends that the trial court committed error in failing to charge the jury on the defense of necessity and in failing to submit to the jury appellant’s requested instruction that the presumption of intoxication is re-buttable. We disagree and thus affirm.

The record reflects that on the afternoon and evening of November 5,1978, appellant and her husband were at their…