Moore v. State

The majority hang their hat on some language contained in an opinion of Judge Lat-timore in Nichols v. State, 120 Tex.Cr.R. 219, 49 S.W.2d 783.

Judge Hawkins in an exhaustive opinion on rehearing in Wood v. State, 119 Tex.Cr.R. 252, 45 S.W.2d 599, set out the standards of proof necessary to show the public nature of a road in a driving while intoxicated case. The facts before us here fall far short of the standards set in Wood.

The definition of a public road or highway found in Black’s Law Dictionary is: “Its prime essentials are the right of common enjoyment on the one hand and the duty of…