Adams v. State

OPINION ON STATE’S MOTION FOR REHEARING

GREEN, Commissioner.

Our opinion on the original submission of this appeal is withdrawn, and the following opinion is rendered in lieu thereof.

In a trial before a jury, appellant was convicted of the misdemeanor offense of driving while intoxicated. Punishment was assessed at a fine of $50.00 and three days in the county jail, probated.

The record reflects that David Outlaw, an Irving police officer, while on patrol in Irving about 2:45 a. m. on February 23, 1974, noticed a Cadillac automobile being operated in such a manner that he decided to investigate.…