Chesney v. State
Chesney v. State
Opinion of the Court
Appellant was convicted of the offense of driving while intoxicated and her punishment was assessed at ninety days in jail and a fine of $150.
Upon the trial, the state called as a witness Officer A. J. Scoggin, of the city of Dallas police department, who testified that on the date in question at approximately 6:20 p. m., while he and his partner, Officer L. D. Miller, were on routine patrol in the vicinity of the 3100 block of Knox Street, they observed a woman, identified as the appellant and who was having trouble with her walking, come out of a liquor store at the corner of Knox and Cole Streets; that there was heavy traffic and they drove past
Officer Miller, upon being called as a witness, gave testimony which corroborated that of the witness Scoggin and he, too, expressed his opinion that on such occasion appellant was intoxicated.
Testifying as a witness in her own behalf appellant admitted driving the automobile from the liquor store to her home on the afternoon in question but denied that she was drunk and that she had consumed any intoxicating liquors.
Witnesses were also called by appellant, including her husband, son, daughter-in-law, and a yard man, who testified that they had observed her at her home on the afternoon in question, some as late as 5 p. m., and that she had not consumed any alcoholic beverages and was sober.
The jury resolved the disputed issue of intoxication against appellant and we find the evidence sufficient to sustain their verdict.
The record contains no formal bills of exception and there were no objections to the court’s charge.
No brief has been filed on behalf of appellant.
We have carefully examined the informal bills of exception appearing in the statement of facts and find no reversible error therein.
The judgment is affirmed.
Opinion approved by the Court.
Reference
- Full Case Name
- Frances Pauline CHESNEY v. The STATE of Texas
- Status
- Published