Garza v. State

OPINION

DOUGLAS, Judge.

The conviction is for the subsequent offense of driving a motor vehicle on a public highway while intoxicated; the punishment, a fine of $100 and confinement in jail for ten days.

The sufficiency of the evidence is not challenged.

In the first ground of error it is contended that the trial court erred in overruling a motion to dismiss the indictment because another case was heard, instead of the present case, after a definite setting had been made.

It appears from the record that appellant’s case, after being set, was postponed for one day so that an accused who had been in…