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TILLEY v. STATE

No. 43420.

462 S.W.2d 594 (1971)

Jimmy Odell TILLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 3, 1971.

Attorney(s) appearing for the Case

Woodrow W. Weir, Jr., Odessa, Bobby R. Bearden, Midland, for appellant.

James A. Mashburn, Dist. Atty., and Jerry Buckner, Asst. Dist. Atty., Midland, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This is an appeal from a conviction for driving while intoxicated, second offense. The punishment was assessed by the jury at 2½ years confinement in the Texas Department of Corrections.

The evidence reveals that an automobile collision occurred at the intersection of Taylor Street and the Rankin Highway in Midland, Texas, on April 27, 1969, between 9:00 and 9:30 P.M. Appellant was driving one of the automobiles and Ben...

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