McGEE v. STATE

No. 34276.

355 S.W.2d 187 (1962)

James J. McGEE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 14, 1962.


Attorney(s) appearing for the Case

Putman & Putman, by Hal J. Putman, San Antonio, for appellant.

Charles J. Lieck, Jr., Crim. Dist. Atty., Edward E. DeWees, Jr., Asst. Dist. Atty., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

The conviction is for driving while intoxicated; the punishment, 3 days in jail and a fine of $50.

The State's evidence shows that appellant was stopped and arrested around 2 A.M. by Officer Don Garrison after he had clocked appellant driving his automobile at a speed of 80 miles per hour on the Pan American Expressway in the city of San Antonio. Officer Garrison testified that after he stopped appellant, he could smell a strong odor of...

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