Heath v. State

ON APPELLANT’S MOTION FOR REHEARING

WOODLEY, Judge.

In his motion for rehearing, supported by argument of able counsel, it is urged that we were in error in upholding the indictment as sufficiently charging the offense to have been committed in Cass County. Appellant relies upon Allen v. State, 148 Tex. Cr. R. 606, 190 SW(2) 569, and Steinman v. State, 153 Tex. Cr. R. 198, 220 SW (2d) 887, as upholding his contention.

In Allen v. State, supra, it was held that the information sufficiently alleged that Allen was intoxicated in Dallas County, but failed to allege that the “drunk driving was done…