SMITH v. STATE

No. 30503.

323 S.W.2d 437 (1959)

Mack SMITH, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 25, 1959.


Attorney(s) appearing for the Case

Paul Thorp, Dallas, for appellant.

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


DAVIDSON, Judge.

This is a conviction for driving while intoxicated upon a public highway, with punishment assessed at one year in jail and a fine of $250.

The question of appellant's intoxication was the contested issue.

At the beginning of his testimony and in accounting for his whereabouts on the day the offense was alleged to have been committed, appellant testified that on that date, which was August 25, 1957, and on Sunday, he was at his home...

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