EVANS v. STATE

No. 39410.

402 S.W.2d 756 (1966)

Joe Moody EVANS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 25, 1966.


Attorney(s) appearing for the Case

Robert H. Rice, San Antonio, Arnold W. Franklin, Jourdanton, for appellant.

J. Taylor Brite, Dist. Atty., Jourdanton, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

Appellant was charged by indictment with the subsequent offense of drunk driving, a felony. Upon the trial, the court withdrew from the jury's consideration that part of the indictment alleging the prior conviction and submitted only the issue of appellant's guilt of the misdemeanor offense alleged.

This is an appeal from a judgment entered by the court upon the jury's verdict finding appellant guilty of the misdemeanor offense of drunk...

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