Spinks v. State

MORRISON, Judge.

The offense is driving while intoxicated; the punishment, ten days in jail and a fine of $50.00.

The contested issue in the trial was whether the appellant or one Bunkey Bowman was the driver of the automobile at the time of the accident. Each of them testified that they were intoxicated, but each claimed that the other had been the driver.

Bill of Exception No. 5 shows that, when cross-examining Bowman, appellant’s counsel asked him if immediately after the accident he had not told one Lieb that he himself had been driving, to which Bowman replied that he didn’t say anything.…