Malone v. State

Christian, Judge.

The offense is driving an automobile on a public highway while intoxicated; the punishment, a fine of fifty dollars.

In the indictment it was alleged that appellant, while intoxicated, drove an automobile “upon a public and state highway, to-wit highway No. 30, in and through Bomarton, Baylor County, Texas.” We have carefully examined the statement of facts and fail to find any evidence in support of the averment thát appellant drove the automobile on Highway No. 30. It was incumbent upon the State to support the allegation that the car was operated on said Highway No. 30, as…