Herriage v. State

WOODLEY, Judge.

The indictment against appellant contained three counts, each alleging the felony offense of driving a motor vehicle upon a public highway while intoxicated, following conviction for the misdemeanor offense of driving while intoxicated.

Count one alleged a prior conviction on January 9, 1951; count two, a prior conviction on October 16, 1950; and count three, a prior conviction on May 22, 1950, all in the county court of Lamb County. Each count charged the primary offense to have been committed in Lamb County on or about November 13, 1951.

Counts one and two were submitted to the…