State v. Gallegos

MABRY, Justice.

Appellant was convicted of driving an automobile upon the public highways of the state while under the influence of intoxicating liquor and was sentenced to serve not less than six months nor more than one year in the state penitentiary. Appellant and the Attorney General agreed that this was a conviction of a felony.

There are two assignments of error; (1) that the defendant did not have or waive a preliminary examination and that the court was therefore without jurisdiction to try the said cause. (2) that there was an abuse of discretion on the part of the District court in…