Court of Criminal Appeals of Texas

Sam Allen Hill v. State

March 4, 1953158 Tex. Crim. 313

Summary

The Court held that a prior misdemeanor DWI conviction may be reused to confer jurisdiction for a felony DWI charge without violating double jeopardy, that the 1951 amendment to Article 802b does not impose an ex post facto penalty, and that the Harger breath test results were inadmissible because the operator lacked expert qualification and supervision. Accordingly, the conviction was reversed and the case remanded.