Royal v. State
This text of 236 S.W.2d 618 (Royal 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
Driving while intoxicated upon a public highway is the offense; the punishment, a fine of $50.
The state, in the information, elected to describe the highway upon which the appellant was alleged to have driven the automobile as being “Highway 82 South of Wellington, Texas.”
We have searched this record in vain for any testimony supporting this allegation.
Because of the failure to sustain this allegation, the testimony is insufficient to support the conviction. Hadley v. State, 151 Tex. Cr. R. 27, 205 S. W. 2d 374; Stasney v. State, 151 Tex. Cr. R. 563, 208 S. W. 2d 894.
The judgment is reversed and the cause remanded.
Opinion approved by the court.
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Cite This Page — Counsel Stack
236 S.W.2d 618, 155 Tex. Crim. 468, 1951 Tex. Crim. App. LEXIS 1754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/royal-v-state-texcrimapp-1951.