Delivered April 9, 1941.
Intoxicated Driver — Evidence — Presumption on Appeal.
On appeal from a judgment of conviction for driving a motor vehicle upon a public street and highway while intoxicated, where the indictment and proceedings thereon appeared to be regular, and the record contains no bills of exception or statement of fact, it will be presumed that the evidence warranted the conviction, and nothing is left for consideration by the Court of Criminal Appeals.
Appeal from District Court of Comanche County. Hon. R. B. Cross, Judge.
Appeal from conviction for driving a motor vehicle while intoxicated; penalty, fine of $50.00, and confinement in jail for twenty days.
The opinion states the case.
Fred O. Jaye, of De Leon, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Appellant was convicted in the district court of Comanche County for driving and operating a motor vehicle upon a publice street and upon a public highway situated within Comanche County and State of Texas, while intoxicated, and assessed a penalty of $50.00 and twenty days in jail, from which he appeals.
The indictment and the proceedings thereon appear to be regular. We find no bills of exception or statement of facts. It will be presumed that the evidence warranted the conviction, and there is nothing left for our consideration.
The judgment of the trial court is affirmed.