Lee v. State

MORRISON, Presiding Judge.

The offense is driving while intoxicated as a second offender; the punishment, six months in jail and a fine of §250.00.

The sole question presented for review is whether an indictment charging one with driving a pickup truck while intoxicated will be supported by the following proof: “Q. State whether or not you observed whether Mr. Lee was driving any kind of a motor vehicle? A. Yes, he was driving a yellow Dodge pick-up.”

We have concluded that we may take judicial knowledge of the fact that a Dodge pickup which is a motor vehicle is a pickup truck.

In Nichols v.…