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HARRIS v. STATE

No. 46369.

499 S.W.2d 9 (1973)

D. C. HARRIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

September 19, 1973.

Attorney(s) appearing for the Case

Donald R. Scoggins, Dallas, for appellant.

Henry Wade, Dist. Atty., Robert T. Baskett, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for the misdemeanor offense of driving a motor vehicle upon a public highway while intoxicated; the punishment is ten days' confinement in the county jail and a fine of $150.00.

It cannot be seriously disputed that the evidence shows the appellant did operate a motor vehicle while intoxicated. However, it is urged that the evidence does not show that appellant drove the motor vehicle upon a public highway...

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