Home/Court of Criminal Appeals of Texas/Herring v. State

Herring v. State

35 S.W.2d 737, 117 Tex. Crim. 211, 1931 Tex. Crim. App. LEXIS 347
CourtCourt of Criminal Appeals of Texas
DecidedFebruary 18, 1931
DocketNo. 13434.
StatusPublished
Cited by15 cases

This text of 35 S.W.2d 737 (Herring v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Herring v. State, 35 S.W.2d 737, 117 Tex. Crim. 211, 1931 Tex. Crim. App. LEXIS 347 (Tex. 1931).

Opinions

The offense is driving an automobile on a street in an incorporated city while intoxicated; the punishment, a fine of $150.00 and confinement in jail for 90 days.

The recognizance is fatally defective. It is recited therein that appellant stands charged with driving an automobile while intoxicated, and that he has been convicted of the offense of driving an automobile while intoxicated. We have no statute forbidding one, in terms, from operating a motor vehicle while intoxicated. In order to come within the prohibition of the statute, the accused must drive or operate such motor vehicle upon a street or alley or other place within the limits of an incorporated city, town or village, or upon a public road or highway within the State. Article 802, P. C.; Nicholson v. State, 110 Tex.Crim. Rep., 7 S.W.2d 1075; McFadden v. State, 108 Tex.Crim. Rep., 300 S.W. 54.

The appeal is dismissed.

Dismissed.

The foregoing opinion of the Commission of Appeals has been examined *Page 213 by the Judges of the Court of Criminal Appeals and approved by the Court.

ON MOTION TO REINSTATE.

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Cite This Page — Counsel Stack

Bluebook (online)
35 S.W.2d 737, 117 Tex. Crim. 211, 1931 Tex. Crim. App. LEXIS 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herring-v-state-texcrimapp-1931.