Skaggs v. State

WOODLEY, Judge.

The conviction is for the felony offense of driving while intoxicated as defined in Art. 802b V.A.P.C.; the punishment, 10 days in jail.

The indictment was attacked in the trial court by motions to quash, the contention being that there was no definite allegation that appellant had been previously convicted of the misdemeanor offense of driving a motor vehicle upon a public highway while intoxicated.

After alleging that appellant, while intoxicated, drove an automobile upon a public road in Donley County on or about October 6, 1952, the indictment alleges: “and the Grand Jurors…