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151 Tex. Crim. 42

Leftwich v. State

Court of Criminal Appeals of Texas · decided 1947-06-25

Decided 1947-06-25

HAWKINS, Presiding Judge.

¶1Conviction is for driving an automobile on a public highway while intoxicated.

¶2There 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.

¶3The judgment is affirmed.

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