Wilson v. State

MORROW, 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 any degree under the influence of intoxicating liquor,” etc.

*416The 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…