DIVINE v. STATE

No. 29189.

307 S.W.2d 91 (1957)

Jack G. DIVINE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 30, 1957.


Attorney(s) appearing for the Case

C. C. Divine, 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.


MORRISON, Presiding Judge.

The offense is driving while intoxicated; the punishment, three days in jail and a fine of $50. Trial was before the court without the intervention of a jury.

Mrs. Slater testified that on the day in question, as she turned into her driveway, an automobile driven by the appellant approached from her rear and ran into the right rear of the sedan which she was driving; that following the accident she smelled "an alcoholic drink" on...

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