Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

Alex SCHUBACH, Jr., Appellant, v. STATE of Texas, Appellee.

WOODLEY, Judge.

The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $50.

The information alleged that appellant drove a motor vehicle, to-wit a `GMC red white pickup' and described the place where it was driven as 'U.S. 90 within the City limits of the City of Brackettville just east of the west intersection of said U.S. 90 and Loop 166 said Loop 166 being also known as Spring Street in said City of Brackettville, Kinney County, Texas.'

Having described with such particularity the motor vehicle and the place where the offense was committed, it was necessary that the state prove such allegations. Brunson v. State, Tex.Cr.App., 211 S.W.2d 755; Williams v. State, Tex.Cr.App., 331 S.W.2d 57, and cases cited.

The state failed to make proof of these unnecessary allegations as to the description of the motor vehicle and the place of the offense, and our State's Attorney does not seek affirmance of the conviction.

The judgment is reversed and the cause remanded.

Use AI to get other relevant cases.

Comments

SCHUBACH v. STATE
(Nov 16, 1960)