Herwig v. State

KRUEGER, Judge.

The conviction is for driving an automobile upon a public street of the City of San Marcos while in a degree under the influence of intoxicating liquor. The punishment assessed is confinement in the State penitentiary for a term of one year. This prosecution was initiated and maintained under Art. 802 P. C., which reads as follows:

“Any person who drives or operates an automobile or any other motor vehicle upon any street or alley, or any other place within the limits of an incorporated city, town, or village, or upon any public road or highway in this State while such person is…