Jarrett v. State

BROOKS, Judge.

Appellant was convicted of drunkenness and his punishment assessed at a fine of $25.

The indictment charges drunkenness and disturbing the peace in two different counts. Appellant filed a motion to quash the indictment on this account. An indictment may contain several counts charging different misdemeanors. See Waddell v. State, 1 Texas Crim. App., 720, and section 404, subdivision 4, Code Crim. Proc.; also Alexander v. State, 27 Texas Crim, App., 533,

[Rehearing denied March 23, 1909.—Reporter.]

Appellant insists the court erred in failing to require the county attorney to elect…