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KORB v. STATE

No. 39555.

402 S.W.2d 166 (1966)

Owen Paul KORB, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 4, 1966.

Attorney(s) appearing for the Case

Mike Barclay, Dallas, for appellant.

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

BELCHER, Commissioner.

The conviction is for driving while intoxicated; the punishment, thirty days in jail and a fine of $200.

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

The testimony of two officers reveals that immediately after they saw the appellant stop his automobile upon a parking lot they had an opportunity to talk with him, observed his actions and conduct, and smelled...

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