AVANT v. STATE

No. 30666.

323 S.W.2d 464 (1959)

Howard Douglas AVANT, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 22, 1959.


Attorney(s) appearing for the Case

No attorney on appeal, for appellant.

Dan Walton, Dist. Atty., Thomas D. White, Samuel H. Robertson, Jr., and David Ball, Jr., Asst. Dist. Attys., Houston, Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Presiding Judge.

The offense is driving while intoxicated; the punishment, 180 days in jail and a fine of $250.

The State's testimony showed that the appellant collided head on with an automobile driven by one Johnson while Johnson was waiting to make a left turn and in Johnson's lane of traffic. Numerous witnesses who saw the appellant at the scene and later at the hospital expressed the opinion, from the odor of alcohol on the appellant's breath...

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