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SPENCER v. STATE

No. 44454.

477 S.W.2d 608 (1972)

Charles Earnest SPENCER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 5, 1972.

Attorney(s) appearing for the Case

James E. Price, Irving, for appellant.

Jim D. Vollers, State's Atty., and Robert Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for the misdemeanor offense of driving a motor vehicle on a public highway while under the influence of intoxicating liquor; the punishment was assessed by the jury at two months in jail and a fine of $425.00.

The appellant's sole contention is that the trial court erred in allowing testimony at the punishment phase of the trial concerning a prior driving while intoxicated offense ...

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