ON MOTION FOR REHEARING

On motion for rehearing appellant contends there is a fatal variance in the transcript as the caption shows the offense as “Unlawfully, while intoxicated, drive and operate a motor vehicle upon a public highway”, while the judgment states that appellant was actually convicted of the offense of “IJnlawfully drive and operate a motor vehicle upon a public highway while under the influence of a drug.”

Since the rendition of our original opinion, a supplemental transcript correcting this variance has been received from the County Criminal Court at Law No. 1 of Harris County.

Remaining convinced that we properly disposed of this cause originally, appellant’s motion for rehearing is overruled.

Operating a motor vehicle upon a public highway while under the influence of a drug is the offense; the punishment, a fine of $100 and ninety days in jail.

The record contains no statement of facts or bills of exception. Nothing is presented for review.

The judgment is affirmed.