THEISS v. STATE

No. 29002.

302 S.W.2d 139 (1956)

Wilbert Edward THEISS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 22, 1956.


Attorney(s) appearing for the Case

Bill M. Dickson, Houston, for appellant.

Dan Walton, Dist. Atty., Thomas D. White, Asst. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

Upon a trial before the court without a jury, appellant was convicted of the offense of operating a motor vehicle upon a public highway while intoxicated and assessed punishment at confinement in jail for ten days and a fine of $100.

Appellant's sole contention is that the evidence is insufficient to sustain the conviction, it being insisted that the state failed to prove that he was intoxicated and that while intoxicated he operated a...

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