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Keith v. StateKeith v. State

Court of Criminal Appeals of Texas
Apr 11, 1973
46219
Reporters:
,
Before:
Dally

OPINION

DALLY, Commissioner.

The conviction is for the misdemeanor offense of driving a motor vehicle upon a public highway while intoxicated; the punishment 3 days confinement in the County jail and a fine of $100.00.

The appellant’s sole ground of error is that the court improperly charged the jury on the presumption of intoxication under the provisions of Article 802f, Sec. 3(a), Vernon’s Ann.P.C. That article provides that a chemical analysis showing the presence of 0.10% or more by weight of alcohol in a defendant’s blood is admissible in evidence and may give rise to a presumption of intoxication.

The appellant’s complaint concerning the charge is not before us for consideration because no written objection to the court’s charge was made as required by Article 36.-14, Vernon’s Ann.C.C.P. and see e. g. Woods v. State, 479 S.W.2d 952 (Tex.Cr.App.1972) and Williams v. State, 477 S.W.2d 24 (Tex.Cr.App.1972). Nothing is presented for review.

The judgment is affirmed.

Opinion approved by the Court.

Case Details

Case Name: Keith v. State
Court Name: Court of Criminal Appeals of Texas
Date Published: Apr 11, 1973
Citations: 499 S.W.2d 187; 1973 Tex. Crim. App. LEXIS 2500; 46219
Docket Number: 46219
Court Abbreviation: Tex. Crim. App.
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