Moore v. State

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

Appellant was charged with the offense of driving while intoxicated. His defense at trial was that he was not intoxicated. During the guilt-innocence portion of his trial, appellant asked that the following be included in the court’s charge:

"... the Defendant would not be guilty of the offense alleged if he was not intoxicated, even if you should find, beyond a reasonable doubt, that he operated a motor vehicle at the time and place in question. Therefore, if you find and believe that the Defendant was not intoxicated at…