Divine v. State

MORRISON, Presiding Judge.

The offense is driving while intoxicated; the punishment, three days in jail and a fine of $50.00. Trial was before the court without the intervention of a jury.

Mrs. Slater testified that on the day in question, as she turned into her driveway, an automobile driven by the appellant approached from her rear and ran into the right rear of the sedan which she was driving; that following the accident she smelled “an alcoholic drink” on the appellant’s breath, observed that his eyes were “red looking,” and expressed the opinion that he was intoxicated.

Patricia Slater…