Leftwich v. State

Court of Criminal Appeals of Texas

Leftwich v. State

204 S.W.2d 610, 151 Tex. Crim. 42, 1947 Tex. Crim. App. LEXIS 1018

Court of Criminal Appeals of Texas·Decided June 25, 1947·No. No. 23728·Published

Opinions

HAWKINS, Presiding Judge.

Conviction is for driving an automobile on a public highway while intoxicated.

There are no bills of exception in the record. A jury was waived and the trial was before the court. Two officers testified to the manner in which appellant was operating his car; that they smelled liquor on his breath, and that he was intoxicated. Appellant and his witnesses testified that he was not intoxicated. A question of fact thus arose, and the finding of the trial court was against appellant. This court is without authority to disturb the judgment.

The judgment is affirmed.

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HAWKINS, Presiding Judge.

Conviction is for driving an automobile on a public highway while intoxicated.

There are no bills of exception in the record. A jury was waived and the trial was before the court. Two officers testified to the manner in which appellant was operating his car; that they smelled liquor on his breath, and that he was intoxicated. Appellant and his witnesses testified that he was not intoxicated. A question of fact thus arose, and the finding of the trial court was against appellant. This court is without authority to disturb the judgment.

The judgment is affirmed.

Leftwich v. State, 204 S.W.2d 610, 151 Tex. Crim. 42, 1947 Tex. Crim. App. LEXIS 1018 (Tex. 1947).

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204 S.W.2d 610 (Leftwich v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.