Byrd v. State

DAVIDSON, Presiding Judge.

The indictment contains three counts, the first of which alone was submitted to the jury. It is, therefore, unnecessary to notice the other two. The charging part of the count submitted is as follows: Did then and there drive and operate an automobile upon a public street in the county of Uvalde at a greater rate of speed than eighteen miles an hour.”

There was a motion made to quash this count, first because it did not charge an ofíense against the laws of the State, and, second, that it is insufficient in that it does not allege that defendant drove said automobile…