BAKER v. STATE

No. 33977.

353 S.W.2d 223 (1961)

Morgan Carter BAKER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 13, 1961.


Attorney(s) appearing for the Case

John W. O'Dowd, Houston, for appellant.

Frank Briscoe, Dist. Atty., Samuel H. Robertson, Jr., Erwin G. Ernst, Assts. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Presiding Judge.

Tried under an indictment alleging a subsequent offense of driving while intoxicated, appellant was convicted of the misdemeanor offense and the jury assessed his punishment at 90 days in jail and a fine of $100.00.

The evidence from the standpoint of the state shows that appellant drove his automobile into the rear of a truck. The driver of the truck and his passenger talked to and observed appellant and testified that, in their...

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