McKenzie v. State

DAVIDSON, Judge.

The indictment in this case charged in a single count the driving of an automobile upon a public highway while intoxicated, which is an offense of the grade of a misdemeanor, under the provision of Art. 802, P. C. There was the further allegation, in connection therewith, that appellant, before the commission of that offense, had been convicted of an offense of the same character. The two allegations, together, charged the felony offense of driving an automobile while intoxicated, as denounced by Art. 802b, P. C.

The case came on for trial in the criminal district court of…