CAPPS v. STATE

No. 34111.

352 S.W.2d 833 (1962)

Carl Oren CAPPS, Appellant, v. The STATE of Texas. Appellee.

Court of Criminal Appeals of Texas.

January 10, 1962.


Attorney(s) appearing for the Case

Hugh Anderson, Lubbock, for appellant.

Alton R. Griffin, County Atty., by Sam L. Kelley, Asst. County Atty., Lubbock, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Presiding Judge.

The offense is driving and operating a motor vehicle upon a public highway while intoxicated; the punishment, ten days in jail and a fine of $100.

Reversal is sought upon two points, the first being the contention that "there was no evidence that a motor vehicle was moved along, across or upon a public highway while under the control of Defendant."

Seventeen year old Jerry Hester testified that as he went out the door of a...

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