Kirk v. State

McDONALD, Presiding Judge.

The offense is driving and operating a motor vehicle upon a public highway while under the influence of intoxicating liquor; the punishment as assessed by the jury is»' six months in the county jail and a fine of $200.00.

The evidence shows that appellant had been drinking beer while riding around in his automobile and also drank at the Club 87, where he stayed until about closing time at midnight on the evening of June 21, 1963.

Shortly thereafter, Highway Patrolman E. B. McKnight observed appellant’s automobile weaving on Highway 87 about two miles south of Lubbock,…