Opinion

Waites v. State

  • 401 S.W.2d 243
  • 1966 Tex. Crim. App. LEXIS 853
Court
Court of Criminal Appeals of Texas
Filed
Jan 26, 1966
Status
Published
Author
Belcher
On the bench
McDonald, Belcher
Cited by
7 cases
Authority
More cited than 13.2%

The opinion

*246 ON APPELLANT’S MOTION FOR REHEARING

BELCHER, Commissioner.

Complaint is again made of the following definition given in the charge to the jury:

“By the term ‘under the influence of intoxicating Liquor’ is meant that a person has taken into his stomach a sufficient quantity of intoxicating liquor to deprive him of the normal control of his bodily or mental faculties.”

Appellant insists that reversible error is shown because the portion of the definition which reads “to deprive him of the normal control of his bodily or mental faculties,” should have been given in the conjunctive instead of the disjunctive. We do not agree.

It is re-urged that the trial court should have charged the jury that a person convicted of driving while intoxicated would automatically lose his driver’s license for a certain period of time.

This offense was alleged to have been committed on April 17, 1964, and the trial was had November 4, 1964. The punishment authorized for driving while intoxicated at said time is controlled by Art. 802, Vernon’s Ann.A.P.C. which was in effect at the time of the commission of the alleged offense. Kirk v. State, Tex.Cr.App., 401 S.W.2d 596 , dated March 9, 1966. No error is presented.

The other contentions re-urged have been considered and they present no reversible error.

The motion is overruled.

Opinion approved by the court.

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.