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SHILLING v. STATE

No. 41615.

434 S.W.2d 674 (1968)

Homer Dewitt SHILLING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 18, 1968.

Attorney(s) appearing for the Case

Phillip L. Cyphers, Pasadena, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Jimmy James, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is driving while intoxicated, the punishment, 30 days in jail and a fine of $100.00.

The sole question presented for review is the action of the trial court in overruling appellant's objection to the following question propounded to appellant by State's counsel on cross-examination, to wit:

"Q. Why is it if you felt you were not intoxicated did you refuse to give a blood test?"

Appellant's reliance...

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