Lopez v. State

DICE, Judge.

Upon a trial before the court, a jury being waived, appellant was found guilty and was assessed the minimum punishment *573of 3 days in jail and a $50 fine, for the misdemeanor offense of operating a motor vehicle upon a public highway while under the influence of intoxicating liquor.

The state’s evidence shows that, on the night in question, the appellant, while driving his automobile at a high rate of speed on Commerce Street in the city of San Antonio, passed an automobile traveling in the same direction, which was occupied by city officers Guy Buckelew and Odis Walker and state…