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KEPLEY v. STATE

No. 38301.

391 S.W.2d 423 (1965)

Luther Earl KEPLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 23, 1965.

Attorney(s) appearing for the Case

Homer A. Brown, of Brown & Brown, Garland, for appellant.

Henry Wade, Dist. Atty., Charles Caperton, Scott Bradley and W. John Allison, Jr., Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

McDONALD, Presiding Judge.

The offense is driving while intoxicated; the punishment assessed by the jury's verdict, 90 days in jail and a fine of $50.00.

The trial of this cause commenced on the morning of November 2, 1964. The record reflects that counsel for appellant and the Court had some discussion as to what time the Court would conclude the trial for the day, and the Court either estimated about 4:30 P.M. or replied around 4:30 P.M. he normally adjourned...

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