Day v. State

OPINION

DOUGLAS, Judge.

This is an appeal from an order revoking probation.

On March 16, 1970, appellant was convicted for the misdemeanor offense of driving a motor vehicle upon a public highway while intoxicated. The punishment, a jail term of eighteen days and a fine of $200, was probated for six months. A condition of probation was that he commit no offense against the laws of this State.

A motion to revoke probation was filed August 12, 1970. It alleged the appellant violated a condition of his probation on July 11, 1970, by driving a motor vehicle on a public highway in Upshur County while…