Trujillo v. State

WOODLEY, Judge.

The offense is driving while intoxicated; the punishment, forty-five days in jail and a fine of $50.

It is undisputed that the appellant was driving an automobile upon a public highway at the time and place alleged.

Officer Huber of the Dallas Police Department, who saw appellant at the scene of a collision, and Officer Heath who saw *406appellant at the city jail shortly after the collision, testified that they observed appellant’s actions and conduct and smelled the odor of alcohol on his breath, and expressed the opinion that he was intoxicated.

Officer A. D. Heath, Jr. testified,…