Eckman v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

ODOM, Judge.

This is an appeal from a conviction for driving while intoxicated. Punishment was assessed at 30 days and a $250 fine, and appellant was placed on probation for one year.

In his only ground of error appellant complains of jury charge error. On original submission it was held that the charge actually given was sufficient to protect appellant’s rights.

Appellant requested the following charge:

“You are instructed that as a part of the law in this case, when the Code or another penal law establishes a presumption with respect to any fact, i.…