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DAVIS v. STATE

No. 04-96-00560-CR.

949 S.W.2d 28 (1997)

John Isaac DAVIS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

May 21, 1997.

Attorney(s) appearing for the Case

John Paul Young, San Antonio, for Appellant.

Edward F. Shaughnessy, III, Assistant Criminal District Attorney, San Antonio, for Appellee.

Before HARDBERGER, C.J., and STONE and GREEN, JJ.

OPINION

STONE, Justice.

Appellant, John Isaac Davis ("Davis"), was convicted by a jury of driving while intoxicated. In one point of error, Davis contends the trial court erred by denying his request for the inclusion of two additional instructions in the jury charge. Davis complains of the trial court's failure to include his requested definition of "presence" for purposes of determining the validity of his intoxilyzer...

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