Lyles v. State
This text of 257 S.W.2d 310 (Lyles 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.
Opinion
The offense is driving while intoxicated; the punishment, a fine of $50.00.
Appellant moved the court to instruct the jury to return a verdict of “not guilty,” one ground being that the state had failed to prove that the offense was committed in Culberson County, Texas, as alleged in the complaint and information. This motion was overruled, and appellant reserved his exception. The question is properly before us for review. See Hodges v. State, 151 Tex. Cr. R. 511, 209 S. W. 2d 611.
[510]*510There is no evidence found in the record showing that the offense was committed in Culberson County, Texas. Appellant testified that he did not, on the day in question, operate a motor vehicle upon Highway 80 in Culberson County, Texas, while under the influence of intoxicating liquor.
The issue having been raised in the trial court, we are not permitted to presume that venue was proven as provided in Article 847, C. C. P.
The judgment is reversed and the cause remanded.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
257 S.W.2d 310, 158 Tex. Crim. 509, 1953 Tex. Crim. App. LEXIS 1673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lyles-v-state-texcrimapp-1953.