Fleming v. State

HAWKINS, Judge.

Conviction is for driving an automobile upon the public highway while appellant was intoxicated; punishment assessed was a fine of $100, confinement in the county jail for sixty days, and a prohibition against appellant from driving any motor vehicle on the highway for ninety days.

The State introduced a number of witnesses who testified that appellant was drunk at the time of an accident, which called attention to his condition. On the other hand appellant’s own testimony and that of witnesses introduced by him was in conflict with the State’s testimony, and undertook to…