Dee v. State

McDONALD, Presiding Judge.

The offense is driving while intoxicated, misdemeanor; the punishment, 10 days in jail and a fine of $50.00.

We shall pretermit a discussion of the facts in view of our disposition of this case.

Appellant, by Formal Bill of Exception, urges one contention as error. During the *947closing argument to the jury, counsel for the state made the following argument to the jury:

“If the defendant was not intoxicated, why did he not bring in character witnesses who would testify to his reputation as to sobriety?”

Appellant’s counsel timely objected on the ground that the defendant…