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Alvey v. State

Court of Criminal Appeals of Texas
Jan 20, 1954
263 S.W.2d 774 (Tex. Crim. App. 1954)

Opinion

No. 26760.

January 20, 1954.

Appeal from the County Court of Smith County, Ned Price, J.

No attorney on appeal for appellant.

Wesley Dice, State's Atty., Austin, for the State.


The offense is driving while intoxicated, the punishment, a fine of $50.

Officer Burnett testified that on the night in question he stopped appellant's automobile in the City of Tyler, concluded that appellant was intoxicated and placed him under arrest.

Officers Richardson and Matthews testified that they transported appellant from the place of his arrest to jail and gave their opinion that he was intoxicated.

Appellant and his witness McCrary admitted that appellant was driving the automobile but denied that he was intoxicated.

The jury resolved the issue of appellant's intoxication against him, and we find the evidence sufficient to support the verdict.

Bill of exception No. 1 complains of the trial court's failure to give appellant's requested charge defining intoxication. We have held such a charge unnecessary. Eddins v. State, 155 Tex.Crim. R., 232 S.W.2d 676, and cases there cited.

We have examined appellant's bills of exception Nos. 2 and 3 relating to argument ment of the prosecutor and fail to find error reflected therein.

Finding no reversible error, the judgment of the trial court is affirmed.


Summaries of

Alvey v. State

Court of Criminal Appeals of Texas
Jan 20, 1954
263 S.W.2d 774 (Tex. Crim. App. 1954)
Case details for

Alvey v. State

Case Details

Full title:ALVEY v. STATE

Court:Court of Criminal Appeals of Texas

Date published: Jan 20, 1954

Citations

263 S.W.2d 774 (Tex. Crim. App. 1954)
159 Tex. Crim. 305