¶1The offense is driving an automobile on a public highway while intoxicated; the punishment, a fine of $50.00 and confinement in jail for five days.
¶2The record is before us without a statement of facts or bills of exception. No question is presented for review.
¶3The judgment is affirmed.
¶4The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
¶5The foregoing opinion was prepared by Judge Christian and brought into consultation on the morning of April 15, 1941. During consultation, at about 10:30 a. m., he was suddenly stricken and soon lapsed into unconsciousness, and passed away about 7 o'clock in the evening of April 15. In the afternoon the court continued its consultation, considered the opinion, and adopted the same. It is now here formally announced as the opinion of the court under the name of our lamented co-worker, this April 23, 1941. *530