Bates v. State

MORRISON, Presiding Judge.

The offense is driving while intoxicated; the punishment, three days in jail and a fine of $100.00.

Under an information charging two separate offenses alleged to have occurred on two separate days six months removed in time from each other, the appellant was found guilty under the *178second count and not guilty under the first, and the evidence submitted under the first count will be disregarded.

Deputy Sheriffs Hines and Beach testified that on the day charged in the second count, while on patrol, an automobile passed them in the “oncoming traffic lane” traveling at a…