Thomas v. State

DAVIDSON, Judge.

Driving an automobile while intoxicated is the offense; the punishment, a fine of $50.00.

The conviction is predicated upon the count in the information charging that appellant, while intoxicated drove and operated an automobile upon U. S. Highway 287 in Moore County.

This allegation became descriptive of the offense charged and the State was required to establish, by proof, that averment. We have searched the statement of facts and nowhere do we find that the State met this burden.

Because of the failure to prove the descriptive averment, as alleged, the facts are insufficient…