Kite v. State

BELCHER, Judge.

The conviction is for the felony offense of drunken driving as denounced by Art. 802b, Vernon’s Ann. P.C., and the punishment was assessed at eighteen months in jail.

Appellant moved to quash the indictment on the ground that the prior conviction, therein charged, of driving a motor vehicle while intoxicated, did not allege that it was for an offense which occurred upon a public highway.

The primary offense charged that the appellant on July 24, 1954, drove a motor vehicle, while intoxicated, upon a public highway. It was further alleged that the appellant on July 29, 1952, in…