Johnson v. State

MORROW, Presiding Judge. —

The conviction is for unlawfully driving an automobile upon a public road while under the influence of intoxicating liquor; penalty assessed at a fine of $125.00.

The indictment and procedure in the present appeal are very much like that in the case of Ward v. State, 102 Texas Crim. Rep., 204. The averment in the indictment upon which the conviction rests is identical with that in Ward’s case, namely, “did then and there urilaiofully drive and operate an automobile within the corporate limits of the city of Canyon * * * while then and there intoxicated and under the…