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HART v. STATE

No. 43462.

463 S.W.2d 431 (1971)

John Lemuel HART, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 24, 1971.

Attorney(s) appearing for the Case

Florentino Ramirez, Jr., Vincent W. Perini, Dallas, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulz, Jr., W. T. Westmoreland, Jr., and Edgar A. Mason, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for driving while intoxicated; the jury assessed the punishment at two years in the county jail and a $300 fine, and recommended probation, which the court granted.

The record reflects that the appellant left the V. F. W. Hall in Irving shortly after midnight on January 5, 1969. At 1:20 a. m., Officer Thomas Teague of the Irving Police Department observed the appellant driving along Belt...

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