LACY v. STATE

No. 30742.

325 S.W.2d 392 (1959)

Elmer LACY, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 17, 1959.


Attorney(s) appearing for the Case

Allen Harp, Childress, for appellant.

John B. Stapleton, Dist. Atty., Floydada, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Presiding Judge.

The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $125.

The Mayor of Turkey, Texas, after closing his store on the night in question, drove over to Quitaque where he was arrested by the sheriff and his deputies. According to the officers, appellant was intoxicated and admitted to them that he had had too much to drink. According to the appellant, he had had only two drinks, was not intoxicated...

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