Smith v. State

CHRISTIAN, Judge.

The offense is driving an automobile on a public road while intoxicated; the punishment, a fine of $100.

The proof on the part of the State was to the effect that, while intoxicated, appellant drove her automobile on North 8th Street' in the City of Abilene. Appellant’s witnesses admitted that she was intoxicated, but declared that one Bill Summers was driving the car.

Omitting the formal averments, the count of the indictment under which appellant was convicted reads as follows:

“Estelle Smith * * * in the County of Taylor and State of Texas, did then and there unlawfully drive…