SMITH v. STATE

No. 29480.

309 S.W.2d 66 (1958)

Dempsey Edgar SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 22, 1958.


Attorney(s) appearing for the Case

No attorney on appeal, for appellant.

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


BELCHER, Commissioner.

The conviction is for driving while intoxicated; the punishment, 3 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.

State Highway Patrolman Jircik testified that he saw the appellant immediately after he had stopped his automobile, observed him walk and heard him talk, smelled the odor of alcohol on his breath, and expressed the...

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