Gilder v. State

OPINION

ODOM, Judge.

The appellant was convicted for the misdemeanor offense of driving a motor vehicle on a public highway while under the influence of intoxicating liquor; the punishment, 3 days in jail and a fine of $150.00.

*724The sufficiency of the evidence is challenged. This ground of error is “. that there is no testimony from any witness that the defendant was intoxicated . . . ”

During the direct examination of the arresting officer, after he had testified to the stopping of the car, he was asked: “From your memory, how would you describe the driver of the automobile?” He answered: “In my…