DIAMOND v. STATE

No. 34483.

355 S.W.2d 522 (1962)

Emmett Raymond DIAMOND, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 28, 1962.


Attorney(s) appearing for the Case

Allie L. Peyton, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally and Erwin G. Ernst, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is driving while intoxicated, as a second offender, a felony; the punishment, ten days in jail and a fine of $100.00.

The witness Parker testified that as he was returning to Houston on the day in question he overtook a truck but was unable to pass it because the truck was being driven back and forth across the center stripe, causing automobiles to leave the paved portion of the highway...

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