ARNOLD v. STATE

No. 27543.

277 S.W.2d 106 (1955)

Homer Sylvester ARNOLD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 13, 1955.


Attorney(s) appearing for the Case

Lawrence Arnim, Henry J. Lamb, Houston, for appellant.

Dan Walton, Dist. Atty., Eugene Brady, Jr., Asst. Dist. Atty., Houston, Leon Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

Upon a trial before the court, a jury being waived, appellant was found guilty and assessed the minimum punishment for the misdemeanor offense of driving a motor vehicle upon a public highway while intoxicated.

The State's witness, Robert L. Smith, testified that he first saw appellant "when he sideswiped a car in front of me"; then saw him hit the left rear bumper of a standing car, and come toward the witness, causing him to drive on...

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