Briggs v. State

BEAUCHAMP, Judge.

The appeal is from a fine of $50.00 for driving a motor vehicle on the highway while intoxicated.

The first proposition brought forward claims a variance between the complaint and information. The complaint alleges that appellant, while under the influence of intoxicating liquor, was driving a motor vehicle, “to-wit: 140 Chevrole Sedan,” upon a public highway in Winkler County. The information filed thereon said that the motor vehicle was a “1940 Chevrolet Sedan.” The complaint and information are sufficient when they allege a motor vehicle without describing it. Having…