Wallace v. State

HAWKINS, Judge.

Defendant was convicted for driving an automobile upon a public highway while intoxicated. Punishment, one year in the penitentiary.

The prosecution is under Chapter 23, 2nd C. S., 38th Leg., — A car driven by defendant collided with one driver by J. E. Thomas. The State’s evidence warranted the jury in finding that defendant was intoxicated at the time. If the testimony offered by defendant had been accepted as true, a verdict of acquittal would have been justified. The jury settled this controverted issue, and under the facts presented we would be unauthorized to disturb their…