Kilpatrick v. State

WOODLEY, Presiding Judge.

The offense is driving a motor vehicle upon a public highway while intoxicated; the punishment, 3 days in jail and a fine of $50.

The arresting officer, Abilene Police Patrolman Dorrough, expressed the opinion that appellant was under the influence of intoxicating liquor when he stopped the pickup truck he was driving. He testified:

“Q. Now, tell this jury what physical factors that you base your opinion upon that he was under the influence of intoxicating liquor? A. Number one, he was * * * when he first got out of his pickup, he staggered quite a bit. He had to hold…