Spencer v. State

on appellant’s motion for rehearing.

CHRISTIAN, Judge.

In the indictment it is alleged that appellant, while intoxicated, drove an automobile “on a certain public highway, to-wit: the Dixie-Overland Highway.” For the first time, appellant calls attention to the fact that the state failed to prove a driving on the highway as described. We have carefully examined the statement of facts. The highway is referred to therein as the “Dixie Highway,”' but no evidence is found to the effect that it was the “Dixie-Overland Highway.” Unless we can assume that the “Dixie Highway” and the “Dixie-Overland…