Theiss v. State

DICE, Judge.

Upon a trial before the court without a jury, appellant was convicted of the offense of operating a motor vehicle upon a public highway while intoxicated and assessed punishment at confinement in jail for ten days and a fine of $100.

Appellant’s sole contention is that the evidence is insufficient to sustain the conviction, it being insisted that the state failed to prove that he was intoxicated and that while intoxicated he operated a motor vehicle upon a public highway in Harris County as alleged in the information.

The information charged in substance that on the date alleged the…