DICE, Commissioner.
The conviction is under Art. 802b, Vernon's Ann.P.C., for the felony offense of driving while intoxicated with punishment assessed at 30 days in jail and a fine of $100.
The evidence was undisputed that the appellant drove his automobile upon a public highway at the time and place alleged.
The arresting officer, Highway Patrolman M. E. Wilson, testified that after he stopped the appellant he could smell the odor of alcohol on him...
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