RAY v. STATE

No. 32503.

343 S.W.2d 259 (1961)

Jesse Enos RAY, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 8, 1961.


Attorney(s) appearing for the Case

Thomas J. Cook, Dallas, for appellant.

Henry Wade, Criminal Dist. Atty., Roger Turner, Henry L. Gilliam, Edward Miller, Phil Burleson, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Presiding Judge.

Our prior opinion is withdrawn.

The offense is driving a motor vehicle upon a public highway while intoxicated; the punishment 60 days in jail and a fine of $300.

The undisputed evidence shows that appellant was driving an automobile upon a public highway and was involved in a collision with another automobile.

The driver of the other car testified that he smelled "the heavy odor of beer in the car" but that he could...

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