Legal Opinion

Brown v. State

Court of Criminal Appeals of Texas

Decided May 22, 1940No. 21075PublishedCited by 2 opinions

1Opinion of the Court

GRAVES, Judge.

Appellant was convicted of driving an automobile while intoxicated, and by the jury fined $50.00 and sentenced to confinement in the county jail for forty-five days.

We find no statement of facts in the record. We do find a motion to quash the indictment because it is alleged that the *333same is duplicitous in that it charges the commission of two offenses in one count. We do not think the same subject to such objection. It charges in substance that appellant while intoxicated and while under the influence of intoxicating liquor drove and operated an automobile upon a public…

2Cases cited4 opinions

  1. Sims v. StateCourt of Criminal Appeals of Texas · 1898
  2. Lewellen v. StateCourt of Criminal Appeals of Texas · 1908
  3. Hunter v. StateCourt of Criminal Appeals of Texas · 1914
  4. Harris v. StateCourt of Criminal Appeals of Texas · 1910

3Cited by2 opinions

  1. State v. AlbartySupreme Court of North Carolina · 1953
  2. Williams v. StateCourt of Criminal Appeals of Texas · 1957

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