Full opinion text
MORROW, Presiding Judge. The conviction is for unlawfully driving an automobile upon the public highway while under the influence of intoxicating liquor; penalty assessed at a fine of $50 and confinement in the county jail for 90 days. The question presented for review is the same as that discussed in the case of Schultz v. State, Tex.Cr.App., 115 S.W.2d 417, in which an opinion is this day delivered. Upon the authority of that case, the judgment in the present instance is reversed and the cause remanded.