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From Gregory P. Propes of Denton (Gregory is an appellate attorney in the Denton County District Attorney's Office), this excerpt from a DWI trial before Judge Jim E. Crouch (County Criminal Court No. 1). Assistant District Attorney Debra Bender was the prosecutor and Joshua Webber of Dallas was the defense attorney.

The excerpt begins at the end of Mr. Webber's cross-examination of the state's witness, who was testifying about his contacts with the defendant on the day of the offense.

By Mr. Webber:

Okay. And you don't know whether or not he had the normal use of his faculties that day, do you? You don't know one way or the other, correct?

A. Correct.

Q. Okay. So you're not telling the jury that he did not have the normal use of his faculties, are you?

A. Okay.

Q. Is that correct?

A. Correct.

Mr. Webber: Okay. Pass the witness

Redirect Examination by Ms. Bender:

Q. Do you know what faculties are? It's kind of a legal term we throw around. The jury heard a little bit about it yesterday. But do you know what we're talking about?

A. Restroom?

Q. No. I just wanted to clear it up. Do you know what he means when he's asking you, did he appear to have his "faculties"? What did you think he meant?

A. I thought he meant using the faculties of the restroom.

Q. You didn't see the defendant go to the bathroom?

A. No, of course not.

Q. Did the defendant appear to be out of it?

A. Yeah. Yeah, you know, like when Bob was talking to him, like he didn't know what was going on.

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