Burleson v. State

DAVIDSON, Judge.

This is a drunk driving case; the punishment, a fine of $50. '

In the information, the state elected to describe the offense as having occurred by the driving of a Ford pickup truck while intoxicated “upon a public street, to wit—U. S. 90, Holland Avenue Street, within the limits of the incorporated city of Alpine, in said County.”

Having so alleged, the state was under the burden of proving such descriptive allegations.

Appellant says that the state did not do so, in that it was not shown that the city of Alpine was an incorporated city.

Proof of such fact was made by the city…