LOWERY v. STATE

No. 28206.

290 S.W.2d 532 (1956)

Thomas Allen LOWERY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 23, 1956.


Attorney(s) appearing for the Case

D. N. McMahan, Piranio, Piranio & Ballowe, by Angelo Piranio, Dallas, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The conviction is for drunken driving; the punishment, 30 days in jail and a fine of $50.

It is undisputed that the appellant was driving an automobile upon a public highway at the time and place alleged.

Officer Freeman testified that he observed appellant driving an automobile in an erratic manner crossing and recrossing the center stripe on the highway, signalled for him to stop, smelled the odor of alcohol on his breath,...

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