Gilder v. State

I concur in the result of Judge Odom’s opinion reversing this conviction.

This misdemeanor appeal has badly divided the court as to the sufficiency of the evidence to sustain the conviction. Much of the difficulty arises out of the manner in which the case was tried. Sgt. Cleckler, Texas Highway Patrol, was asked on direct examination: “From your memory how would you describe the driver of the automobile?” He answered: “In my opinion, the driver was very intoxicated.” The objection that such answer was not responsive was sustained and the testimony stricken by the court. The jury was…