Foreman v. State

340 S.W.2d 46, 170 Tex. Crim. 265, 1960 Tex. Crim. App. LEXIS 2170
CourtCourt of Criminal Appeals of Texas
DecidedNovember 16, 1960
DocketNo. 32440
StatusPublished
Cited by2 cases

This text of 340 S.W.2d 46 (Foreman v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Foreman v. State, 340 S.W.2d 46, 170 Tex. Crim. 265, 1960 Tex. Crim. App. LEXIS 2170 (Tex. 1960).

Opinion

BELCHER, Commissioner.

The conviction is for driving while intoxicated; the punishment, three days in jail and a fine of fifty dollars.

In order to convict the appellant of the offense charged, it is essential that the state prove beyond a reasonable doubt that he drove a motor vehicle upon a public highway while intoxicated.

There are no facts or circumstances showing when the parked automobile in which appellant was seated was driven on the highway or that the appellant was intoxicated before or at the time it was parked near the highway.

The evidence being insufficient to support the conviction, the judgment is reversed and the cause is remanded.

Opinion approved by the Court.

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Related

Anthony v. State
628 S.W.2d 151 (Court of Appeals of Texas, 1982)
Gamboa v. State
481 S.W.2d 423 (Court of Criminal Appeals of Texas, 1972)

Cite This Page — Counsel Stack

Bluebook (online)
340 S.W.2d 46, 170 Tex. Crim. 265, 1960 Tex. Crim. App. LEXIS 2170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foreman-v-state-texcrimapp-1960.