Boyd v. State
Boyd v. State
Opinion of the Court
The conviction is under Art. 802b, V.A.P.C., for the subsequent offense of driving while intoxicated; the punishment, one year in jail.
The evidence was undisputed that, on the date alleged in the indictment, the appellant, while driving his Chevrolet automobile upon Clinton Drive, a public street and highway in Harris Coun
The prior alleged misdemeanor conviction of appellant for driving while intoxicated was stipulated.
As a witness in his own behalf, appellant admitted driving the automobile on the occasion in question and having consumed 1 bottles of beer prior to the collision, but denied that, at such time, he was intoxicated.
Witnesses were called by appellant who testified that they had been with and observed him at various times during the afternoon prior to the collision and that at such times he was sober.
The jury chose to resolve the disputed issue of intoxication against the appellant and we find the evidence sufficient to sustain its verdict.
The record contains no formal bills of exception or objections to the court’s charge.
No brief has been filed on behalf of appellant.
We have examined the informal bills of exception contained in the statement of facts and find no reversible error therein.
The judgment is affirmed.
Opinion approved by the Court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.