Driggs v. State

GRAVES, Judge.

Appellant was convicted of driving an automobile while intoxicated and by the jury fined the sum of $50.00, and he appeals.

There is but one proposition brought to our attention upon which a reversal is asked. It is asserted that the trial court was in error when it allowed the officers who arrested appellant to testify relative to his intoxicated condition, because it is alleged that the arrest was unlawful, appellant not having committed a felony nor a breach of the peace in the presence of such officers. Art. 803, Vernon’s Ann. Tex. P. C., provides as follows:

“Any peace…