BAKER v. STATE

No. 34516.

358 S.W.2d 131 (1962)

Earnest Leroy BAKER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 20, 1962.


Attorney(s) appearing for the Case

E. B. Votaw (on appeal), Vidor, John O. Young, Orange, for appellant.

James A. Morris, Dist. Atty., Roy Wingate, Asst. Dist. Atty., Orange, and Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The conviction is for the felony offense of driving while intoxicated; the punishment, six months in jail and a fine of $500.

Proof was offered of the prior conviction as alleged, and that the appellant was the same person so convicted.

The only dispute on any material issue was whether the appellant was driving his automobile at the time and place in question.

Officer Hudson testified that when he arrived at the scene...

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