LUMMUS v. STATE

No. 36379.

376 S.W.2d 346 (1964)

Bill LUMMUS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 19, 1964.

Second Motion for Rehearing Denied March 25, 1964.


Attorney(s) appearing for the Case

A. L. Lowery, Marion G. Holt, Nacogdoches, for appellant.

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


BELCHER, Commissioner.

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

The testimony of two officers introduced by the state reflects that the appellant was intoxicated while driving an automobile upon a public highway as alleged. They also testified that they found several cold cans of beer in the car, and that two other occupants of the car were intoxicated.

Testifying in his own behalf, the...

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