BAIMBRIDGE v. STATE

No. 33737.

350 S.W.2d 923 (1961)

Tony Buster BAIMBRIDGE, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 15, 1961.


Attorney(s) appearing for the Case

Howard O. Lake, Houston, for appellant.

Frank Briscoe, Dist. Atty., Samuel H. Robertson, Jr., and I. D. McMaster, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


McDONALD, Judge.

The conviction is for driving while intoxicated; the punishment, thirty days in jail and a fine of $50.

It is undisputed that the appellant was driving an automobile upon a public highway at the time and place alleged.

Two officers testified that they saw the appellant immediately after he had stopped his automobile, smelled the odor of alcohol on his breath, heard him talk and saw him walk, and, based upon their observation of appellant...

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