Opinion

Brown v. State

  • 163 Tex. Crim. 170
  • 289 S.W.2d 942
  • 1956 Tex. Crim. App. LEXIS 1016
Court
Court of Criminal Appeals of Texas
Filed
May 9, 1956
Status
Published
Author
Morrison
On the bench
Woodley, Morrison
Cited by
8 cases

determining that the evidence about the route that a driver took on a beach was sufficient to uphold a conviction for driving intoxicated on a public highway

How later courts described this case

  • determining that the evidence about the route that a driver took on a beach was sufficient to uphold a conviction for driving intoxicated on a public highway

Written by the judges who cited it.

The opinion

MORRISON, Judge,

dissenting.

I cannot bring myself to agree with the opinion of my brethren herein. There is an entire absence of any showing that the portion of the beach where this offense occurred was main *174 tained by any governmental authority as a public road. In fact, the father of the injured child testified,

“A. Well, sir, there’s no road there * * *

“Q. No road there? A. None marked off.”

Another state’s witness testified as follows:

“A. I’d say it depended on the tide. Sometimes when the tide is way in, the traffic moves on up the beach.

“Q. You know how that traffic moves, don’t you? You know as the tide comes in, the traffic moves farther and farther back, don’t you? A. Yes.

“Q. There is really no beach road down there. You say you first saw James Brown a block in front of you? A. Yes.”

When the legislature enacted Article 827f, V.A.P.C., they intended, as I see it, that such article should be employed in all prosecutions for driving on the beaches of this state except those places where a well-defiined and regularly maintained roadway might be found.

I respectfully enter my dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.