EASTERLING v. STATE

No. 30808.

325 S.W.2d 138 (1959)

Benjamin Franklin EASTERLING, Jr., Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 17, 1959.


Attorney(s) appearing for the Case

J. P. Moseley, Burt Barr, Dallas, for appellant.

Henry Wade, Dist. Atty., Henry Stollenwerck, Paul W. Leech and Merle Flagg, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

Upon complaint and information alleging two separate offenses of driving a motor vehicle upon a public highway while intoxicated, appellant was found guilty and assessed 30 days in jail and a fine of $50, and 30 days in jail and a fine of $200 respectively.

Bill of Exception No. 1 certifies that counsel representing the State, in the opening argument, stated: "He, the Defendant, does not have to explain anything to anybody."

The bill...

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