Rhyne v. State

DAVIDSON, Judge.

This is a case of driving an automobile upon a public highway while intoxicated, and as a second: offender, under the provisions of Art. 62, P. C.; the punishment, two years in the State penitentiary.

Whether the appellant was intoxicated at the time he operated the automobile on a public highway was the disputed issue of fact. The State’s witnesses affirmed; those of the appellant denied. The appellant did not testify.

In submitting the case, the trial court instructed the jury as follows:

“Now therefore, if you find and believe from the evidence beyond a reasonable doubt that…