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McGAFFEY v. STATE

No. 35007.

363 S.W.2d 459 (1962)

A. C. McGAFFEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 23, 1963.

Attorney(s) appearing for the Case

No attorney of record on appeal for appellant.

Henry Wade, Dist. Atty., Neal English, Frank Wright and Emmett Colvin, Jr., Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Presiding Judge.

The offense is operating a motor vehicle upon a public highway while intoxicated; the punishment, 14 months in jail and a fine of $250.

Police Officer J. N. Crosby testified that about one o'clock A.M., after he observed that it had no tail light, he stopped the automobile appellant was driving on Southern Oaks Boulevard, in Dallas. He testified that appellant "seemed a little confused the way he was talking" and that he smelled a...

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