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155 Tex. Crim. 256

Barnes v. State

Court of Criminal Appeals of Texas

Decided November 22, 1950

Court of Criminal Appeals of Texas · decided 1950-11-22

Cited by 2 later decisions — most recently May 1966

2 state decisions

Relies on 136 Tex. Crim. 99 - Lamkin v. State · 149 Tex. Crim. 395 - Parsons v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1950-11-22

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WOODLEY, Judge.

¶1Upon a complaint and information charging him with driving a motor vehicle upon a public highway in Bexar County, Texas, while intoxicated, appellant was found guilty, and a *257jury being waived, his punishment was assessed by the court at at fine of $50.00.

¶2There are no bills of exception, and appellant has filed no brief.

¶3The evidence shows that appellant drove an automobile in a southerly direction on Main Avenue while intoxicated. He became involved in a collision with a second car at the corner of Main Avenue and Rodriguez Street.

¶4It is shown that officers of the city of San Antonio investigated the accident, and that the offense was committed in Bexar County, Texas. The point is made that no witness testified directly that the scene of the collision was in the city of San Antonio.

¶5We think that the evidence showing the offense to have been committed on “Main Avenue” at its intersection with “Rodriguez Street” is sufficient to sustain the allegation that the car was driven by appellant on a public highway.

¶6The term street or avenue, as ordinarily used, means a public thoroughfare and highway. All streets or avenues open for the passage of vehicles are highways, though all highways are not streets or avenues. See Lamkin v. State, 136 Tex. Cr. R. 99, 123 S.W. 2d 662; Parsons v. State, 149 Tex. Cr. R. 395, 194 S.W. 2d 560.

¶7No error appearing, the judgment is affirmed.

¶8Opinion approved by the court.

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