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MAGHE v. STATE

No. 36765.

377 S.W.2d 644 (1964)

Andrew J. MAGHE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 15, 1964.

Attorney(s) appearing for the Case

H. B. Porter, Dumas, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The conviction is under Art. 802b, Vernon's Ann.P.C., for the felony offense of driving while intoxicated; the punishment, three years in the penitentiary.

The state's evidence shows that on the night in question, a large trailer truck, operated by the state's witness Clifford Knisley, became stalled on U. S. 87 near the town of Hartley in Hartley County. The driver immediately set out flares...

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