Haworth v. State

MORROW, Presiding Judge.

The offense is driving an automobile while intoxicated; penalty assessed at confinement in the penitentiary for two years.

By indictment it is charged that the appellant, during the year 1934, while intoxicated, unlawfully drove an automobile upon a public highway. The offense is denounced by Art. 802, P. C., 1925, and by Art. 802a, which was enacted by the Acts of the 42nd Legislature, Regular Session, p. 268, chapter 162.

Art. 802a reads as follows: “In all cases where a defendant is convicted of driving a motor vehicle while under the influence of intoxicating liquor…