Spears v. State

Offense, driving motor vehicle upon a public highway while intoxicated; penalty, 60 days in the county jail.

The state’s only witness against appellant was a young lady with whom he was riding on the occasion in question. She testified without objection that they traveled the Waco highway between West and Hillsboro. She further testified that “Tommie ⅜ * ⅜ was drunk before he got back to Hillsboro.”

Objection was made to her testimony that the road on which they drove after returning to Hillsboro to Lee’s Camp Ground was a public highway. The state had already made its proof of the commission…