Pitcock v. State

DICE, Judge.

Appellant was charged by indictment with the felony offense of driving while intoxicated and after the state had abandoned the felony charge which was predicated upon an alleged prior conviction in Taylor County in 1951, he was convicted of the included misdemeanor offense of driving while intoxicated and his punishment assessed at 6 months in jail and a fine of $150.

It was undisputed that at the time and place alleged the appellant drove his automobile upon a public highway, and the only issue in dispute was that of appellant’s intoxication.

Appellant did not testify but called…