McMullen v. State

CHRISTIAN, Judge.

The offense is driving an automobile on a public highway while intoxicated; the punishment, a fine of seventy-five dollars and confinement in jail for sixty days.

In the appeal bond it is stated that appellant has been convicted of the offense of driving an automobile while intoxicated. (Italics ours). In Herring v. State, 35 S. W. (2d) 737, we said:

“The recognizance is fatally defective. It is recited therein that appellant stands charged with driving an automobile while intoxicated, and that he has been convicted of the offense of driving an automobile while intoxicated. We…