BEARDEN v. STATE

No. 31781.

334 S.W.2d 447 (1960)

Olen BEARDEN, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 23, 1960.


Attorney(s) appearing for the Case

Spence, Martin & Richie, by B. E. Richie, Wichita Falls (on appeal only), for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The conviction is for the felony offense of driving while intoxicated; the punishment, 6 months in jail and a fine of $375.

Proof was offered of the prior conviction as alleged an that the appellant was the same person so convicted.

There was no dispute on any material issue except the one of whether the appellant was intoxicated as alleged in charging the primary offense. The testimony of three witnesses for the state shows...

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