Morgan v. State

MORRISON, Presiding Judge.

The offense is driving while intoxicated; the punishment, 30 days in jail and a fine of $100.00.

The sole defense was that the appellant was not the driver of the automobile in question, and so the evidence as to his state of intoxication will not be detailed other than to observe that he admitted having drunk four or five beers prior to the accident and the state’s witnesses testified that he was intoxicated.

The witness Coone testified that he saw an automobile run into a ditch, heard a collision, went to the scene immediately, found the appellant seated under the…