Opinion
No. 19584.
Delivered March 30, 1938.
Intoxicated Driver.
Where the questions presented for review are the same as those discussed in Schultz v. State (page 251 of this volume), judgment is reversed and cause remanded upon authority of that case.
Appeal from the District Court of McCulloch County. Hon. E. J. Miller, Judge.
Appeal from conviction for unlawfully driving an automobile upon a public highway while under the influence of intoxicating liquor; penalty, fine of $50 and confinement in the county jail for 90 days.
Reversed and remanded.
The opinion states the case.
Shropshire Sanders, of Brady, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The conviction is for unlawfully driving an automobile upon the public highway while under the influence of intoxicating liquor; penalty assessed at a fine of $50.00 and confinement in the county jail for ninety days.
The question presented for review is the same as that discussed in the case of Schultz v. State, No. 19583, in which an opinion is this day delivered. [Page 251 of this volume.] Upon the authority of that case, the judgment in the present instance is reversed and the cause remanded.