Brumfield v. State

OPINION

MORRISON, Judge.

The offense is driving while intoxicated; the punishment 60 days in jail, and a fine of $50.00.

We are confronted at the outset with the constitutional right of an accused not to be required to give evidence against himself.

At the hearing on guilt or innocence appellant testified as to his innocence of the offense here charged and nothing else.

After the jury had found him guilty, a hearing was had before the same jury on the question of punishment, as provided by Art. 37.07, of the Vernon’s Ann.Code of Criminal Procedure. At this time the State called appellant to the…