SPELL v. STATE

No. 28684.

298 S.W.2d 814 (1957)

James Clayton SPELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 20, 1957.


Attorney(s) appearing for the Case

Joseph B. Dibrell, Seguin, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Presiding Judge.

The record has now been perfected, and we will consider the case on its merits.

Constable Thormeyer testified that he arrived upon the scene of the automobile collision, found the appellant seated in his automobile, detected the odor of alcohol on his breath, and from the manner in which he spoke and acted expressed the opinion that he was intoxicated. He stated further that the appellant had sustained serious injuries but said that...

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