Johnson v. State

OPINION

WOODLEY, Presiding Judge.

This is an appeal from a conviction for the felony offense of driving a motor vehicle upon a public highway while intoxicated.

Trial was before a jury on a plea of not guilty. The jury having found appellant guilty, the court assessed his punishment at 5 years confinement in the penitentiary. Imposition of sentence was suspended, probation was granted and notice of appeal was given. Art. 42.12, Sec. 8, Vernon’s Ann. C.C.P.

The sufficiency of the evidence to sustain the jury’s verdict is challenged.

The prior conviction for the misdemeanor offense of driving while…