Polk v. State

OPINION

ODOM, Judge.

This appeal is taken from a conviction for the offense of driving a motor vehicle upon a public street and highway while intoxicated. Punishment was assessed by the jury at a $200.00 fine and 6 months in jail, probated.

Appellant’s sole ground of error is that “The Trial Court reversibly erred in refusing Appellant’s timely motion for mistrial that was based on the testimony of an arresting policeman which placed before the jury the Appellant’s in custody refusal to take a breath test.”

The record reflects that during the cross-examination of the arresting officer it was…