1. — Record — Practice on Appeal.
Where the indictment appeared to be in due form, defendant entered a plea of guilty to the offense of driving an automobile upon a public highway while intoxicated, waived a jury, and the record was before Court of Criminal Appeals without a statement of facts or bills of exception, and no error was presented, conviction was affirmed.
ON MOTION FOR REHEARING. 2. — Motion for Rehearing — Indictment.
Where defendant, when arraigned on indictment, with his attorney present, pleaded guilty to the charge, and he made no attack on the indictment in the court below, but thereafter appealed, and in his motion for rehearing, after affirmance on appeal, claimed that the indictment did not charge an offense known to the laws of Texas; that it was vague, uncertain, and not sufficiently specific to appraise defendant of the evidence to be introduced against him, defendant's motion for rehearing was overruled, when the indictment was not subject to the objections stated in said motion.
KRUEGER, Judge.
The conviction is for driving an automobile upon a public highway while intoxicated. The penalty assessed is a fine of $50.00 and confinement in the county jail for a term of five days.
The indictment appears to be in due form. The record is before us without a statement of facts or bills of exception. Appellant entered a plea of guilty to the offense charged and waived a jury upon the trial of the case.
No error having been presented, the judgment of the trial court is affirmed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
ON APPELLANT'S MOTION FOR REHEARING.
BEAUCHAMP, Judge.
Appellant states in his motion for rehearing that the indictment does not charge any offense known to the laws of Texas; that it is vague, uncertain and not sufficiently specific to apprise the appellant of the evidence to be introduced against him.
When arraigned on the indictment with his attorney present he pleaded guilty to the charge and thereafter brought this appeal. There is no attack made on the indictment in the court below and we do not think that it is subject to the objection stated in the motion for rehearing.
The motion for rehearing is accordingly overruled.