Thomas v. State
This text of 210 S.W.2d 826 (Thomas 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 an automobile while intoxicated is the offense; the punishment, a fine of $50.00.
The conviction is predicated upon the count in the information charging that appellant, while intoxicated drove and operated an automobile upon U. S. Highway 287 in Moore County.
This allegation became descriptive of the offense charged and the State was required to establish, by proof, that averment. We have searched the statement of facts and nowhere do we find that the State met this burden.
Because of the failure to prove the descriptive averment, as alleged, the facts are insufficient to support the conviction. Spencer v. State, 118 Tex. Cr. R. 336, 42 S. W. (2d) 259; Malone v. State, 135 Tex. Cr. R. 169, 117 S. W. (2d) 779; Walker v. State, 136 Tex. Cr. R. 368, 125 S. W. (2d) 571; Mercer v. State, 143 Tex. Cr. R. 196, 157 S. W. (2d) 919; Vaught v. State, 145 Tex. Cr. R. 623, 171 S. W. (2d) 128.
The judgment of the trial court is reversed and the cause remanded.
Opinion approved by the Court.
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Cite This Page — Counsel Stack
210 S.W.2d 826, 152 Tex. Crim. 124, 1948 Tex. Crim. App. LEXIS 1222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-state-texcrimapp-1948.