Opinion
No. 21451.
Delivered February 26, 1941.
1. — Intoxicated Driver — Bill of Exceptions — Evidence.
In prosecution for driving on a public highway while intoxicated, bill of exceptions, complaining of the action of the prosecution in exhibiting a part of a bottle of gin which was taken off the person of defendant when he was arrested on the highway, was harmless.
2. — Intoxicated Driver — Practice on Appeal.
Where the proceedings seemed to be regular in every way, and the evidence justified the verdict of the jury, there was nothing for the appellate court to review, and conviction for driving on a public highway while intoxicated was affirmed.
Appeal from District Court of Concho County. Hon. O. L. Parish, Judge.
Appeal from conviction for driving on a public highway while intoxicated; penalty, a fine of $250.00, and confinement in jail for five days.
Affirmed.
The opinion states the case.
Evans J. Adkins, of Brady, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Appellant was convicted of driving on a public highway while intoxicated, and assessed a penalty of five days in jail with a fine of $250.00.
We are presented with only one bill of exception in the case, which complains of the action of the prosecution in exhibiting a part of a bottle of gin which was taken off the person of appellant when he was arrested on the highway. We are unable to find any harmful result to appellant by the exhibition of the gin as described in the bill of exception.
The proceedings seem to be regular in every way; the evidence justifies the verdict of the jury and, consequently, there is nothing for this court to review.
The judgment of the trial court is affirmed.