BIRDWELL v. STATE

No. 48413.

510 S.W.2d 347 (1974)

Donnie Cleveland BIRDWELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 12, 1974.


Attorney(s) appearing for the Case

Tom West, Lubbock, for appellant.

Alton R. Griffin, Dist. Atty., Pat Hubbard, Asst. Dist. Atty., Lubbock, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

QUENTIN KEITH, Commissioner.

Appellant was convicted of the offense of driving while intoxicated and the jury assessed his punishment at a fine of $100 and confinement in jail for seven days.

The sufficiency of the evidence is not challenged and appellant's single ground of error complains of the trial court's action in permitting a police officer to testify as to the results of a breathalyzer test without a proper predicate having been laid...

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