Williams v. State

ON appellant's motion for rehearing

WOODLEY, Presiding Judge

The facts adduced at the hearing on appellant’s motion for new trial are now before us. We are asked to consider such facts in connection with appellant’s brief.

The contention is that the county court was without jurisdiction to try appellant because he had been previously convicted of the misdemeanor offense of driving while intoxicated, in Smith County, and under Art. 802b V.A.P.C. it was mandatory that a subsequent offense of driving while intoxicated be prosecuted by indictment in a court having jurisdiction of felony offenses.

Winf…