Fuller v. State

LATTIMORE, Judge.

Conviction for driving an automobile upon a public highway while intoxicated; punishment, ninety days in the county jail.

The indictment in this case charges that appellant operated his' automobile upon Franklin Avenue, a street within the limits of the incorporated City of Waco, he being then and there intoxicated, and in a degree under the influence of intoxicating liquor. The testimony in the case showed without dispute, by a number of witnesses, that appellant was drunk at the time of such operation.

There are three bills of exception, the first of which complains of an…