Ervin v. State

The plaintiff in error was indicted and convicted for driving while drunk with his punishment fixed at a fine of $75 and a 10-day jail sentence both being imposed by the jury, the jury having been requested to fix the punishment if the plaintiff in error was found guilty. From this conviction an appeal has been seasonably perfected to this Court and we now have the matter for determination.

On an afternoon in October, 1952, a highway patrolman was driving westwardly on XL S. 70 from Brownsville, when he passed a car which he says was zigzagging upon the road. After radioing to Brownsville he…