Bailey v. State

ON MOTION POE REHEARING

MORRISON, Presiding Judge.

Appellant insists that our original opinion herein is at variance with what we said in Skaggs v. State, 160 Tex. Cr. Rep. 20, 266 S.W. 2d 871. We do not think so. In the Skaggs case, we held that an information which described the prior misdemeanor conviction as being one of “like character” to the instant offense was insufficient in that it did not allege further that such prior offense was for driving while intoxicated.

In the instant indictment, we find the allegation that the prior offense was one of like character and that it was for…