PAYNE v. STATE

No. 29933.

314 S.W.2d 88 (1958)

Joe Simpson PAYNE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 11, 1958.


Attorney(s) appearing for the Case

Webb, Schulz & Stokes, Abilene, by James F. Gruben, Austin, for appellant.

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


MORRISON, Presiding Judge.

The offense is driving while intoxicated as a second offender; the punishment, two years.

The operator of a filling station and several present on the occasion testified that the appellant drove into the station, ran into a vacuum cleaner, and, contrary to the operator's instruction, drove away.

Officers Schaffner and Hooker testified that they received a radio message to be on the lookout for an automobile with a certain...

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