GONZALEZ v. STATE

No. 39191.

398 S.W.2d 938 (1966)

Librado A. GONZALEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 16, 1966.


Attorney(s) appearing for the Case

Sam J. Dwyer, Jr., El Paso, for appellant.

Jack N. Fant, County Atty., Norman C. Peyton, Asst. County Atty., El Paso, and Leon B. Douglas, State's Atty., Austin, for the State.


McDONALD, Presiding Judge.

The offense is driving while intoxicated; the punishment confinement in jail for three days and a fine of $50.00.

The evidence reflects that Richard McAlpine, at about 8:30 p. m. on the evening of May 27, 1961, heard an unusual noise outside the house where he was visiting. He ran out to the street where he noticed that an automobile had been side-swiped, and he saw another vehicle driving slowly away. McAlpine then got into his...

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