KITE v. STATE

No. 28053.

287 S.W.2d 180 (1956)

Walter William KITE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 22, 1956.


Attorney(s) appearing for the Case

Jose R. Gonzalez, Del Rio, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The conviction is for the felony offense of drunken driving as denounced by art. 802b, Vernon's Ann.P.C., and the punishment was assessed at eighteen months in jail.

Appellant moved to quash the indictment on the ground that the prior conviction, therein charged, of driving a motor vehicle while intoxicated did not allege that it was for an offense which occurred upon a public highway.

The primary offense charged that the appellant...

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