Hoot v. State

GRAVES, Judge.

Appellant was_ convicted of drunken driving on a public highway, and fined the sum of $50.00, and he appeals.

It is claimed that fundamental error is shown herein in that the offense is alleged to have been committed on December 1, 1945, and the information filed on the same date failed to allege that such offense occurred anterior to the presentment of the information as prescribed in Art. 414, C. C. P., para. 6. We find tht such a complaint relative to the information is borne out by the record.

We think the case of Cobb v. State, 139 S. W. (2d) 272, in the opinion on rehearing,…