SAUNDERS v. STATE

No. 33814.

353 S.W.2d 419 (1961)

Johnie Elden SAUNDERS, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 31, 1962.


Attorney(s) appearing for the Case

McCarthy, Carnahan, Fields & Haynes, Amarillo (George S. McCarthy, Amarillo, one of Counsel on Appeal Only), Moises V. Vela, Harlingen, for appellant.

F. T. Graham, Cr. Dist. Atty., Joel William Ellis, Asst. Cr. Dist. Atty., Brownsville, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is driving while intoxicated as a second offender; the punishment, two years in jail.

In view of our disposition of this case, a recitation of the facts will not be necessary.

Bill of exception No. 1 reflects that while highway patrolman Stone was testifying he was asked by the prosecutor, "Did you offer to give (the appellant) any kind of a blood test?" to which the witness replied, "Yes, sir." No evidence of the results...

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