Full opinion text
DAVIDSON, Judge. This is a conviction for the misdemeanor offense of drunken driving; the punishment, a fine of $50 and fifteen days in jail. Attracted by the manner in which appellant was driving his automobile, a highway pátrolman stopped him. The patrolman testified that at that' time appellant was intoxicated and' under the influence of intoxicating liquor. A chemical analysis of a specimen of appellant’s blood showed an alcoholic content of'.32%. The chemist was permitted to testify that a person with that percentage of alcohol in the blood was in a state of intoxication. Appellant denied that he was intoxicated and under. -j:he .influence of intoxicating liquor, notwithstanding the fact that he admitted having drunk three bottles of beer. The jury were authorized to believe the state’s testimony. ■ Their verdict is supported by the facts. In Burton v. State, 149 Tex.Cr.R. 327, 194 -S.W.2d 398, we held.it to be reversible error to prove or to propound interrogatories haying for their purpose,, the proving .of prior accusations of the misdemeanor .offense of drunken driving, Art. 8.02, Vernon’s.. P.C. . That holding is-also supported by Art. 732a,-C.C.P.,, Bills of exception in this case approved by the trial court without qualification show that the rule..stated was here violated. : . It follows that for the error pointed out, the judgment in this case must be reversed and the cause remanded It is so ordered.