Ochoa v. State

DICE, Commissioner.

The conviction is for driving while intoxicated ; the punishment, five days in jail and a fine of $50.

It was undisputed that on the night of September 15, 1963, appellant was stopped and arrested by highway patrolmen B. C. Johnson and John Newding while driving his automobile upon U. S. Highway 87, in Bexar County.

At the trial, both patrolmen testified that they stopped appellant after observing his automobile weaving on the highway and fixed the time of his arrest at approximately 9:50 p. m. Each expressed the opinion that at such time appellant was intoxicated.

Appellant…