Wilson v. State

MOBBOW, Presiding Judge.

The offense is that defined in article 802, P. C. 1925, from which the following is quoted: “Any person who drives or operates an automobile * * * upon any public road or highway in this State while such person is intoxicated or in <my degree under the influence of intoxicating liquor," etc.

The sole question involved in this appeal is whether the indictment charges an offense. The part of the indictment which is relevant is in the following words; “* * * Did then and there unlawfully drive and operate a motor vehicle, to-wit, an automobile upon a public street within…