Opinion
No. 22751.
Delivered February 9, 1944.
1. — Intoxicating Driver — Time of Offense.
In prosecution for driving a motor vehicle on a public highway while intoxicated, the time the offense was committed must be alleged and proved.
2. — Same.
Conviction for driving a motor vehicle on a public highway while defendant was intoxicated was required to be reversed, in absence of any evidence as to the time the offense was committed.
Appeal from County Court of Taylor County. Hon. Carl P. Hulsey, Judge.
Appeal from conviction for driving a motor vehicle on a public highway while intoxicated; penalty, fine of $200.00. Reversed and remanded.
The opinion states the case.
Scarborough, Yates Scarborough, of Abilene, for appellant.
Ernest S. Goens, State's Attorney, of Austin, for the State.
Appellant was assessed a fine of $200.00 upon a charge of driving a motor vehicle on a public highway while intoxicated.
The State's attorney has confessed error because he says that a careful study of the record discloses "that there are no facts or circumstances which show the offense was committed within the period of time as that the prosecution would not be barred by the statute of limitation."
We have been unable, from the statement of facts, to find any evidence as to the time the offense was committed. This was a necessary allegation in the complaint and it is one which must be proven. Womack v. State, 170 S.W.2d 479.
The judgment of the trial court is reversed and the cause is remanded.