Hicks v. State

HARWOOD, Judge.

This appellant has been convicted of driving while intoxicated.

In our opinion a portion of the court’s oral instruction to the jury, to which an exception was reserved, compels a reversal of this case.

We will therefore outline that portion of the 'facts which bear upon the validity of the questioned instructions.

Two highway patrolmen observed a car on a highway in Houston County which was driven 'in such a manner as tO' weave from side to side on the road. Efforts were made to stop the car, and during the chase the patrolmen, or one of them, fired five times at the rear wheels…