KILPATRICK v. STATE

No. 34610.

356 S.W.2d 941 (1962)

W. C. KILPATRICK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 16, 1962.


Attorney(s) appearing for the Case

Bryant, Glenn & Thomas, by Allen Glenn, Abilene, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Presiding Judge.

The offense is driving a motor vehicle upon a public highway while intoxicated; the punishment, 3 days in jail and a fine of $50.

The arresting officer, Abilene Police Patrolman Dorrough, expressed the opinion that appellant was under the influence of intoxicating liquor when he stopped the pickup truck he was driving. He testified:

"Q. Now, tell this jury what physical factors that you base your opinion upon that he was under...

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