BUTLER v. STATE

No. 34036.

352 S.W.2d 744 (1962)

Eli Jackson BUTLER, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 3, 1962.


Attorney(s) appearing for the Case

Aubrey H. Poole, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, Edward D. Michalek, Jr., Assts. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Presiding Judge.

The offense is driving a motor vehicle upon a public highway while intoxicated; the punishment, 30 days in jail and a fine of $200.

About 11:25 P. M. on November 6, 1960, State Highway Patrolmen J. W. Wilson and Bob H. Smith stopped appellant, who was driving a 1960 Oldsmobile on the highway. They each testified that they observed the automobile swerve back and forth upon the highway and followed it; that appellant was "driving all...

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