Farmer v. State

MORROW, Presiding Judge.

The prosecution is under article-*213802, P. C., 1925, denouncing as an offense the driving of an automobile upon the public highway while intoxicated or under the influence of intoxicating liquor; penalty assessed at confinement in the penitentiary for a period of two years.

The indictment also charges that the appellant had previously been convicted of an offense of the same nature, and sought, under article 62, P. C., an enhancement of the penalty.

In his charge, the court copied from the language of the statute as-follows: “While such person is intoxicated or in any…