Arnold v. State

DICE, Judge.

Upon a trial before the court, a jury being waived, appellant was found guilty and assessed the minimum punishment for the misdemeanor offense of driving a motor vehicle upon a public highway while intoxicated.

The state's witness, Robert L. Smith, testified that he first saw appellant “when he sideswiped a car in front of me”; then-saw him hit the left rear bumper of a standing car, and come toward the witness, causing him to drive on to a railroad track..

Smith further testified that he ; followed appellant’s car,, “tooting my horn, trying to get"everybody to look up and get out…