Court of Criminal Appeals of Texas December 23, 1936, No. 18684 (King v. State)

MORROW, Presiding Judge.

The conviction is for operating a motor vehicle upon a public highway while intoxi*446cated; penalty assessed at confinement in the penitentiary for one year and the prohibition against driving a motor vehicle upon the highways of the State for two years.

The indictment contains four counts, but three of them were withdrawn from the consideration of the jury.