MARTIN v. STATE

No. 36116.

371 S.W.2d 891 (1963)

Delmar Dee MARTIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 6, 1963.


Attorney(s) appearing for the Case

No attorney on appeal for appellant.

Henry Wade, Dist. Atty., Sam Paternostro, Tom Reese and Emmett Colvin, Jr., Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

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

The proof of the state shows and the appellant while testifying admitted that he was driving a pickup at an excessive rate of speed on a public street about 12:25 a. m. on the date alleged.

Two officers testified that they saw the appellant immediately after he had stopped his pickup, heard him talk, saw him walk, smelled the...

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