Atkinson v. State

251 S.W.2d 401 (1952)

ATKINSON

v.

STATE.

No. 25815.

Court of Criminal Appeals of Texas.

May 28, 1952.

Rehearing Denied June 28, 1952.

Second Motion for Rehearing Denied October 15, 1952.

R. E. Estes, Dallas, for appellant.

Henry Wade, Dist. Atty., and William C. Dowdy, Jr., Asst. Dist. Atty., Dallas, and George P. Blackburn, State's Atty., Austin, for the State.

DAVIDSON, Commissioner.

This is a conviction for operating a motor vehicle over a public highway while intoxicated, with punishment assessed at ninety days in jail.

A reasonable interpretation of the state's testimony is that appellant, in driving…