OPINION
WOODLEY, Presiding Judge.
The offense is drunk driving (Art. 802 Vernon's Ann.P.C.); the punishment, 10 days in jail and a fine of $150.00.
Trial was before a jury on January 29, 1968. The punishment was assessed by the court. Art. 37.07 Vernon's Ann.C.C.P.
One ground of error is set forth in appellant's brief. It complains that the court erred in commenting on the weight of the evidence in violation of Art. 38.05 V.A.C. C.P.
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