Barber v. State

MORRISON, Presiding Judge.

The offense is driving while intoxicated; the punishment, three days in jail and a fine of $50.00.

Our prior opinion dismissing the appeal is withdrawn.

Our disposition of this case makes unnecessary a statement of the facts. Appellant’s bill of exception reflects that he called six witnesses who would have, had they been permitted to do so, testified that appellant’s reputation as a sober, peaceable and law abiding citizen was good. The reason for the court’s exclusion of such testimony was that they had never heard appellant’s reputation discussed.

In Gibson v. State,…