¶1The conviction is for driving while intoxicated; the punishment, 3 days in jail and a fine of $50.
¶2It is undisputed that the appellant was driving an automobile upon a public highway at the time and place alleged.
¶3State Highway Patrolman Jircik testified that he saw the appellant immediately after he had stopped his automobile, observed him walk and heard him talk, smelled the odor of alcohol on his breath, and expressed the opinion that he was then intoxicated.
¶4The testimony of Sheriff Royal, who saw appellant at the jail shortly after he was arrested, corroborates that of the witness Jircik as to the intoxication of the appellant.
¶5Appellant testifying in his own behalf stated that he drank three bottles of beer shortly before he was arrested, but denied that he was intoxicated.
¶6The jury resolved the disputed issue of appellant’s intoxication against him, and we find the evidence sufficient to support its verdict.
¶7Exception was reserved to the failure of the court to define intoxication in its charge. We have held such a charge unnecessary. 2 Texas Juris. Supp. p. 40, Sec. 36; 3 Branch, 2 Ed, p. 500, Sec. 1495; Eddins v. State, 155 Texas Cr. Rep. 202, 232 S.W. *5202d 676; Alvey v. State, 159 Texas Cr. Rep. 305, 263 S.W. 2d 774.
¶8The judgment is affirmed.
¶9Opinion approved by the Court.