McEathron v. State

ON MOTION FOR REHEARING

MORRISON, Presiding Judge.

All prior opinions are withdrawn.

The offense is driving while intoxicated; the punishment, 10 days in jail and a fine of $150.00.

The issue of whether appellant was intoxicated at the time in question was closely contested, but there is sufficient evidence to sustain the verdict of the jury.

Appellant contends that the testimony of the state’s witnesses on the issue was obtained as a result of an unlawful arrest and therefore inadmissible. This presents the only serious question on the appeal.

Air Force Captain Barber observed appellant driving an…