NOVAK v. STATE

No. 37278.

384 S.W.2d 140 (1964)

Henry Peter NOVAK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 25, 1964.


Attorney(s) appearing for the Case

Wm. H. Hamblen, Edna, for appellant.

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


BELCHER, Commissioner.

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

It is undisputed that the appellant was driving an automobile upon a public highway at the time alleged.

The evidence in a narrative statement of facts reveals that Officer McClendon observed the appellant immediately after he stopped his car, and testified on the trial that in his opinion the appellant was intoxicated.

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