Tracey v. State

WOODLEY, Presiding Judge.

The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $50.

The evidence from the standpoint of the state sustains the jury’s finding that appellant drove an automobile on Arnold Boulevard, inside Dyess Air Force Base, in Taylor County, Texas.

The question for our decision is whether said Boulevard was a public road, street or highway. If so, the judgment should be affirmed. If not, the conviction must be reversed for insufficient evidence.

The court instructed the jury that a public highway, as used in the court’s charge, “means a highway…