McKENZIE v. STATE

No. 26607.

263 S.W.2d 562 (1953)

McKENZIE v. STATE.

Court of Criminal Appeals of Texas.

November 25, 1953.


Attorney(s) appearing for the Case

Martin & Shown, by W. E. Martin, Houston, for appellant.

William H. Scott, Dist. Atty., King C. Haynie, Asst. Dist. Atty., Houston, Wesley Dice, State's Atty., of Austin, for the State.


DAVIDSON, Commissioner.

The indictment in this case charged in a single count the driving of an automobile upon a public highway while intoxicated, which is an offense of the grade of a misdemeanor, under the provisions of Art. 802, Vernon's Ann.P.C. There was the further allegation, in connection therewith, that appellant, before the commission of that offense, had been convicted of an offense of the same character. The two allegations, together, charged the felony...

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