Keith v. State

Court of Criminal Appeals of Texas

Keith v. State

499 S.W.2d 187, 1973 Tex. Crim. App. LEXIS 2500

CourtCourt of Criminal Appeals of Texas

DecidedApril 11, 1973

Docket46219

StatusPublished

Cited by5 cases

This text of 499 S.W.2d 187 (Keith 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.

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Keith v. State, 499 S.W.2d 187, 1973 Tex. Crim. App. LEXIS 2500 (Tex. 1973).

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Opinion

OPINION

DALLY, Commissioner.

The conviction is for the misdemeanor offense of driving a motor vehicle upon a public highway while intoxicated; the punishment 3 days confinement in the County jail and a fine of $100.00.

The appellant’s sole ground of error is that the court improperly charged the jury on the presumption of intoxication under the provisions of Article 802f, Sec. 3(a), Vernon’s Ann.P.C. That article provides that a chemical analysis showing the presence of 0.10% or more by weight of alcohol in a defendant’s blood is admissible in evidence and may give rise to a presumption of intoxication.

The appellant’s complaint concerning the charge is not before us for consideration because no written objection to the court’s charge was made as required by Article 36.-14, Vernon’s Ann.C.C.P. and see e. g. Woods v. State, 479 S.W.2d 952 (Tex.Cr.App.1972) and Williams v. State, 477 S.W.2d 24 (Tex.Cr.App.1972). Nothing is presented for review.

The judgment is affirmed.

Opinion approved by the Court.

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