GARNER v. STATE

No. 42235.

446 S.W.2d 867 (1969)

Johnny Harold GARNER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

September 22, 1969.


Attorney(s) appearing for the Case

Emmett Colvin, Jr., Dallas, for appellant.

Henry Wade, Dist. Atty., Scott Bradley, Malcolm Dade, Camille Elliott and James Finstrom, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

BELCHER, Judge.

The conviction is for the felony offense of driving while intoxicated; the punishment, five years.

The first ground of error challenges the sufficiency of the evidence to show that the appellant is the same person convicted of the misdemeanor offense alleged as an element of the felony offense.

The record evidence, introduced without objection, consisting of certified copies of the complaint, information and judgment...

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