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GILDER v. STATE

No. 44342.

474 S.W.2d 723 (1972)

Herman GILDER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 11, 1972.

Attorney(s) appearing for the Case

Sam H. Bass, Freeport, for appellant.

Ogden Bass, Dist. Atty., and Billy M. Bandy, Asst. Dist. Atty., Angleton, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

The appellant was convicted for the misdemeanor offense of driving a motor vehicle on a public highway while under the influence of intoxicating liquor; the punishment, 3 days in jail and a fine of $150.00.

The sufficiency of the evidence is challenged. This ground of error is "... that there is no testimony from any witness that the defendant was intoxicated..."

During the...

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