Court of Criminal Appeals of Texas, 1959

Lee v. State

Lee v. State
Court of Criminal Appeals of Texas · Decided June 17, 1959 · Morrison
168 Tex. Crim. 348; 327 S.W.2d 582; 1959 Tex. Crim. App. LEXIS 2559

Lee v. State

Opinion of the Court

MORRISON, Presiding Judge.

The offense is driving while intoxicated as a second offender; the punishment, six months in jail and a fine of §250.00.

The sole question presented for review is whether an indictment charging one with driving a pickup truck while intoxicated will be supported by the following proof: “Q. State whether or not you observed whether Mr. Lee was driving any kind of a motor vehicle? A. Yes, he was driving a yellow Dodge pick-up.”

We have concluded that we may take judicial knowledge of the fact that a Dodge pickup which is a motor vehicle is a pickup truck.

In Nichols v. State, 156 Texas Cr. Rep. 364, 242 S.W. 2d 396, we held that the term “automobile” was a “generic term which includes the motor vehicle commonly known as a ‘truck.’ ” By the same token, we have concluded that we should hold that when a question about a motor vehicle is answered in the affirmative by saying that the accused was driving a Dodge pickup such proof is sufficient to establish that it was a Dodge pickup truck which was in question.

Finding the evidence sufficient to support the conviction and no reversible error appearing, the judgment of the trial court is affirmed.

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