Ginn v. State

OPINION

MORRISON, Judge.

The offense is driving while intoxicated, second offense; the punishment, three years in the Department of Corrections.

Two grounds of error are assigned and presented in argument. The first is that the State failed to prove the allegation in the indictment that appellant drove upon “a public highway”. Highway Patrolman Morris testified that he saw the automobile appellant was driving while he was on routine patrol “on the Gladewater Highway, U.S. 271, east of Tyler”.

The cases relied upon by appellant, Spencer v. State, 118 Tex.Cr.R. 336, 42 S.W.2d 259, and Walker v.…