BRUMFIELD v. STATE

No. 41808.

445 S.W.2d 732 (1969)

Cecil J. BRUMFIELD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 22, 1969.


Attorney(s) appearing for the Case

Charles W. Tessmer (on appeal only), Donald R. Scoggins (on appeal only), Dallas, for appellant.

Henry Wade, Dist. Atty., Michael Blend, Harold Entz, Kerry P. FitzGerald, Malcolm Dade and Camille Elliott, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is driving while intoxicated; the punishment 60 days in jail, and a fine of $50.00.

We are confronted at the outset with the constitutional right of an accused not to be required to give evidence against himself.

At the hearing on guilt or innocence appellant testified as to his innocence of the offense here charged and nothing else.

After the jury had found him guilty, a hearing was had before...

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