Gilder v. State

I concur in the dissenting opinion by Judge Douglas and would affirm in addition thereto for the following reasons.

The majority holds that some person must testify, that in his opinion, the driver of the vehicle in question was intoxicated, before the evidence is sufficient to support a jury verdict. They rely in this holding on Padillo v. State, Tex.Cr.App., 420 S.W.2d 712. Padillo was a revocation of probation case in which it was alleged that appellant was “drunk in a public place.” In that case the only evidence was the testimony of two patrolmen that they smelled beer on Padillo’s…