Whiddon v. State

BELCHER, Judge.

Appellant was convicted for the subsequent offense of driving while intoxicated, as denounced by Art. 802b, P.C., and his punishment was assessed at six months in jail.

It is contended that the indictment does not charge an offense because it does not sufficiently describe the offense for which the prior conviction was had.

The primary offense charged that appellant, while intoxicated, drove a motor vehicle upon a public highway. The averments as to the prior conviction were that appellant had been convicted on the 19th day of January, 1948, in the county court of Lynn County,…