Vestal v. State

DICE, Commissioner.

The conviction is for the subsequent offense of drunken driving, a felony; the punishment, four years in the penitentiary.

The state’s evidence shews that on June 15, 1963, the appellant was stopped and arrested by city officer Wiley Hodge and deputy sheriff Augustin Sabala while driving his automobile upon a public street and highway in the city of Morton. Prior to stopping appellant, the officers observed his automobile swerving and moving “back and forth” on the highway. It was shown by the testimony of the two arresting officers that after they stopped appellant he was…