Lookabaugh v. State

MORRISON, Judge.

The offense is driving while intoxicated: the punishment, 3 days in jail and a fine of $50.00.

In view of our disposition of this case, a recitation of the facts will not be deemed necessary other than to observe that there is no evidence in the record that appellant had ever before been convicted of any offense.

In his argument to the jury, appellant’s counsel urged them to acquit appellant because if they convicted him it would mean that he had to go to jail and that such fact would ruin his life.

In his closing argument, the prosecutor said, “It’s a reasonable deduction, since…