Evans v. State

ON APPELLANT’S MOTION FOR REHEARING.

BEAUCHAMP, Judge.

We think that the original opinion properly disposes of the case and sufficiently discusses the issues raised by the record.

The question is raised on motion for rehearing as to the sufficiency of the allegation that the appellant was driving on a public highway. It is presented that this allegation is a conclusion of the pleader and appellant cites as authority Johnson v. State, 73 S. W. (2d) 853. We are unable to reconcile the holding in the Johnson case with that of both previous and subsequent holdings of the court on this subject. (See…