BURLESON v. STATE

No. 26564.

261 S.W.2d 726 (1953)

BURLESON v. STATE.

Court of Criminal Appeals of Texas.

November 4, 1953.


Attorney(s) appearing for the Case

J. Lawton Stone, San Antonio, Mae M. Ament, Alpine, for appellant.

Wesley Dice, State's Atty., of Austin, for the State.


Davidson, Commissioner.

This is a drunk driving case; the punishment, a fine of $50.

In the information, the state elected to describe the offense as having occurred by the driving of a Ford pickup truck while intoxicated "upon a public street, to-wit— U. S. 90, Holland Avenue Street, within the limits of the incorporated city of Alpine, in said County."

Having so alleged, the state was under the burden of proving such descriptive allegations...

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