McKAY v. STATE

No. 24807.

235 S.W.2d 173 (1950)

McKAY v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied January 10, 1951.

As Modified on Denial of Application for Leave to File Second Motion for Rehearing January 31, 1951.


Attorney(s) appearing for the Case

Harry S. Pollard, Austin, for appellant.

Perry L. Jones, County Attorney, Austin, George P. Blackburn, State's Atty., of Austin, for the State.


BEAUCHAMP, Judge.

Appellant was assessed a penalty of $50.00 by a jury on a charge of driving a motor vehicle on the streets of the City of Austin while intoxicated.

That he drove the vehicle on the streets at the time alleged is admitted. Appellant stoutly denied his intoxication, but did admit drinking four bottles of beer in the late afternoon and evening before his arrest. When taken to the City Hall by the police he signed a written permission for the...

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