Summary
In Riles v. State, 150 S.W.2d 1042 (Tex.Crim.App. 1941), overruled by, Wheeler v. State, 239 S.W.2d 105 (Tex.Crim.App. 1951), we held that the text of Article 1257a provides a statutory rule of evidence but should not be submitted as a jury instruction.
Summary of this case from Smith v. StateOpinion
No. 21521.
Delivered May 14, 1941.
Intoxicated Driver — Companion Case.
Where the case presented the same question decided in cause No. 21420, Enloe v. State, (page 602 of this volume), the judgment of trial court reversed and prosecution ordered dismissed for the reasons assigned in said above mentioned case.
Appeal from District Court of Lynn County. Hon. Louis B. Reed, Judge.
Appeal from conviction for driving an automobile upon a public highway while intoxicated; penalty, confinement in penitentiary for one year.
Reversed and prosecution ordered dismissed.
The opinion states the case.
Joe S. Moss, of Post, and T. L. Price, of Post (on appeal), for appellant.
Spurgeon E. Bell, State's Attorney, of Austin, for the State.
Driving an automobile upon a public highway while intoxicated is the offense; the punishment, one year in the State penitentiary.
This case presents the same question this day decided in Cause No. 21420, Enloe v. State. (Page 602 of this volume.)
For the reasons there assigned, the judgment of the trial court is reversed and the prosecution ordered dismissed.