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WAITES v. STATE

No. 39029.

401 S.W.2d 243 (1966)

George Pinkney WAITES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 23, 1966.

Second Motion for Rehearing Denied April 27, 1966.

Attorney(s) appearing for the Case

Roy H. Garwood, Jr., James C. Onion, San Antonio, for appellant.

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

McDONALD, Presiding Judge.

The offense is driving while intoxicated; punishment was assessed at a fine of $50.00 and confinement in jail for three days.

The statement of facts reveals that at about 11:30 p. m. on April 17, 1964, Patrolman Charles Scoggin of the Texas Department of Public Safety observed an automobile driven by appellant which appeared to be speeding about three miles east of Uvalde in Uvalde County, Texas. After observing

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