DAVIDSON, Commissioner.
This is a conviction for driving while intoxicated upon a public highway; the punishment, a fine of $50.
A highway patrolman, seeing appellant swerve his car from a public highway and into a borrow pit, went immediately to him. The patrolman testified that appellant was intoxicated at the time. A one-fifth bottle of whisky, about a third of which was gone, was found in the automobile.
Testifying as a witness in his own behalf...
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