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STATE v. SAVAGE

No. 866-95.

933 S.W.2d 497 (1996)

The STATE of Texas, Appellant, v. Johnny Horace SAVAGE, III, Appellee.

Court of Criminal Appeals of Texas.

November 6, 1996.

Attorney(s) appearing for the Case

George Scharmen, San Antonio, for appellant.

Margaret M. Fent, Assist. District Attorney, San Antonio, Matthew Paul, State's Atty., Austin, for State.

OPINION ON APPELLEE'S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

A jury convicted the appellee, John Savage, of Driving While Intoxicated (DWI) pursuant to Tex. Pen.Code Ann. § 49.04 (Vernon 1995). State v. Savage, 905 S.W.2d 268, 269 (Tex.App.—San Antonio 1994, pet. granted). At the trial court's bequest, however, the appellee moved for, and was granted, a judgment non obstante veredicto...

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