PYBURN v. STATE

No. 38905.

397 S.W.2d 868 (1966)

Cecil Absher PYBURN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 12, 1966.


Attorney(s) appearing for the Case

No attorney of record on appeal for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally and A. A. Horne, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The offense is drunk driving; the punishment, 3 days in jail and a fine of $50.

The state's evidence showed that appellant was stopped by a police officer while driving a pickup truck on a public highway at a very slow rate of speed.

The arresting officer testified that the truck "weaved" in the lane of traffic; that appellant staggered and almost fell down after he got out of the pickup truck; that his speech was slurred and he had...

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