HORTON v. STATE

No. 31722.

333 S.W.2d 380 (1960)

Joe Aaron HORTON, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 23, 1960.


Attorney(s) appearing for the Case

Scarborough, Black & Tarpley, James K. Graham, Abilene, for appellant.

William A. Thomas, County Atty., Nelson Quinn, Asst. County Atty., Abilene, and Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The conviction is for driving while intoxicated; the punishment, 3 days in jail and a fine of $100.

The testimony of two Texas Highway Patrolmen shows that they stopped the appellant after they saw him driving an automobile in a weaving manner upon a public highway. They testified that after they stopped him they observed him walk, heard him talk and smelled the odor of alcohol on him, and expressed the opinion that he was intoxicated...

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