15 S.W.2d 619 | Tex. Crim. App. | 1929
Conviction is for driving an automobile upon the streets of the incorporated city of Matador while appellant was intoxicated. Punishment is assessed at a fine of $250.00 and forty-five days' imprisonment in the county jail.
The evidence introduced by the state is amply sufficient to support the verdict. No testimony was offered by appellant.
Two bills of exception complain of the manner of proving that Matador was an incorporated city. Article 1139, R. C. S. (1925) provides that the returns of the election to determine the incorporation shall be delivered to the county judge and that he shall make an entry upon the records of the commissioners court stating the result of such election and also designating in the entry the boundaries of said town; it further provides that a certified copy of such entry together with the plat of the town or village shall thereupon be recorded in the proper record of deeds of such county. In Pool v. State,
The only other bill of exception complains because the court permitted a number of witnesses to give it as their opinions from the observation of appellant that he was drunk on the occasion under investigation. This court has many times decided the point against appellant's contention. Stewart v. State,
Finding no error in the record upon which a reversal can properly be predicated the judgment is affirmed.
Affirmed.