McElroy v. State

DAVIDSON, Judge.

The opinion heretofore rendered in this cause, of date October 26, 1949, is withdrawn, and the following substituted in lieu thereof:

The information described the automobile which appellant was alleged to have driven while intoxicated as a “1939 Model Ford. License # Texas BT 3028.” We have been unable to find that the state supported this allegation by proof.

The state was not under the burden of describing the automobile in such detail in order to charge the offense of driving an automobile while intoxicated but, having done so, was re*21quired to establish that allegation by…