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MOORE v. STATE

No. 752-83.

736 S.W.2d 682 (1987)

Robert Bruce MOORE, Appellant v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

September 23, 1987.

Attorney(s) appearing for the Case

Edgar A. Mason, Dallas, for appellant.

Henry Wade, Dist. Atty. and Tom Streeter, Andy Beach and Mark Tolle, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

Appellant was charged with the offense of driving while intoxicated. His defense at trial was that he was not intoxicated. During the guilt-innocence portion of his trial, appellant asked that the following be included in the court's charge:

"... the Defendant would not be guilty of the offense alleged if he was not intoxicated, even if you should find, beyond a reasonable...

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