Legal Opinion

Small v. State

Court of Appeals of Texas

Decided March 18, 1982No. 13-81-347-CR (2395)PublishedCited by 3 opinions

1Opinion of the Court

OPINION

YOUNG, Justice.

This is an appeal from a conviction for driving while intoxicated. Punishment was assessed at 60 days in jail, probated for one year, and a fine of $300.00. We affirm.

The appellant’s sole ground of error presents the question for review whether an information charging one with driving an automobile while intoxicated will support a conviction when the proof shows that he was driving a motorcycle. Thus, we must determine whether a motorcycle is a type of automobile.

According to 64 Tex.Jur.2d, Words and Phrases at 88, the term automobile “is synonymous with ‘motor vehicle’…

2Cases cited2 opinions

  1. Combined American Insurance Company v. GanzerCourt of Appeals of Texas · 1961
  2. Nichols v. StateCourt of Criminal Appeals of Texas · 1951

3Cited by3 opinions

  1. Queen v. StateCourt of Appeals of Texas · 1985
  2. Opinion No., Texas Attorney General Reports2004
  3. Untitled Texas Attorney General Opinion, Texas Attorney General Reports2004

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