
    BURLESON v. STATE.
    No. 24151.
    Court of Criminal Appeals of Texas.
    Nov. 17, 1948.
    Rehearing Denied Jan. 12, 1949.
    No appearance for appellant.
    Ernest S. Goens, State’s Atty., of Austin, for the State.
   DAVIDSON, Judge.

The conviction is for the misdemeanor offense of driving an automobile upon a public highway while intoxicated.

Three peace officers testified that appellant was apprehended while driving his automobile -on a public highway in a drunken condition.

Appellant denied that he was intoxicated.

The facts support the jury’s verdict.

By special requested charge and exception to the court’s charge, appellant sought to have the jury instructed to the effect that if appellant had normal control over the automobile, while driving, he would not be guilty. Such a charge was properly refused, because such is not the law.

The judgment is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the court.  