Mercer v. State

BEAUCHAMP, Judge.

Appellant was convicted of the offense of driving and operating an automobile on a public highway in Coleman County while under the influence of intoxicating liquor and assessed a fine of $50.00 and five days in jail.

Bill of Exception No. One complains of the admission in evidence of the testimony of Noel C.- Wilson to the effect that he saw appellant on the date alleged in the indictment “on highway 67 between Coleman and Santa Anna.” The basis of the objection is that there is no allegation in the indictment supporting such proof. It is the contention that inasmuch as the…