McAlpine v. State, 43380

• Decision Date: 27 January 1971
• Docket Number: No. 43380,43380
• Citation: McAlpine v. State, 462 S.W.2d 315 (Tex. Crim. App. 1971)
• Parties: Bennie Dean McALPINE, Appellant, v. The STATE of Texas, Appellee.
• Court: Texas Court of Criminal Appeals

Page 315

462 S.W.2d 315

Bennie Dean McALPINE, Appellant, v. The STATE of Texas, Appellee.

No. 43380.

Court of Criminal Appeals of Texas.

Jan. 27, 1971.

Dick Harbin, Dublin, for appellant.

Sam Cleveland, Stephenville, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from an order revoking probation.

On July 14, 1969, appellant was convicted for the subsequent offense of driving a motor vehicle upon a public highway while intoxicated. The imposition of sentence was suspended, and appellant was then placed upon probation for a term of five years upon the condition, among others, that he commit no offense against the laws of the State of Texas.

On December 8, 1969, the State filed a motion to revoke probation alleging that on December 7, 1969, appellant had violated the terms of his probation by driving a motor vehicle upon a public highway while intoxicated. On December 18, 1969, probation was revoked, and sentence was pronounced.

At the revocation hearing Highway Patrolman David Coffee testified that on the night of December 7, 1969, he, his partner and a game management officer were parked near the Club Lake, north of Stephenville, operating a radar unit when he saw two vehicles approaching, and one of the vehicles passed the other at a high rate of speed in a no-passing zone. Coffee then turned the patrol car around and pursued the speeding vehicle. During the pursuit, he checked his speedometer and testified that the vehicle was travelling at a speed in excess of one hundred miles an hour and went back and forth across the center line of the highway. After chasing the vehicle for several miles, he was finally able to stop it at Morgan Mill where he removed the appellant from behind the wheel. Coffee testified that appellant was weaving and...