KEITH v. STATE

No. 46219.

499 S.W.2d 187 (1973)

Harry Murth KEITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 9, 1973.


Attorney(s) appearing for the Case

Harris E. Lofthus, Amarillo, for appellant.

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 3 days confinement in the County jail and a fine of $100.00.

The appellant's sole ground of error is that the court improperly charged the jury on the presumption of intoxication under the provisions of Article 802f, Sec. 3(a), Vernon's Ann.P.C. That article provides that a chemical analysis...

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