
    ALLEN v. STATE.
    (No. 3225.)
    (Court of Criminal Appeals of Texas.
    Oct. 14, 1914.)
    Highways (§ 186*) — Use of Highway — Offenses — Evidence.
    A conviction for the violation of Pen. Code 1911, art. 815, prohibiting the driving of an automobile upon any public road at a greater speed than 18 miles per hour, must be reversed, where the evidence does not establish that the road where the automobile was run was a public road.
    [Ed. Note. — For other cases, see Highways, Cent. Dig. §§ 476, 477; Dec. Dig. § 186.*]
    Appeal from Wichita County Court; C. B. Felder, Judge.
    Reese Allen was convicted of operating an automobile on a public road at a greater speed than 18 miles per hour, and he appeals.
    Reversed and remanded.
    Carrigan, Montgomery & Britain, of Wichita Falls, for appellant. T. R. Boone, Co. Atty., of Wichita Falls, and C. E. Lane, Asst. Atty. Gen., for the State.
   PRENDERGAST, P. J.

Appellant was convicted for operating an automobile on a public road in said county at a greater rate of speed than 18 miles per hour. The statute is, no automobile shall be driven or operated upon any public road at a greater rate of speed than 18 miles an hour. P. O. 1911, art. 815.

There are but two questions necessary to be passed upon. The first: Appellant claimed the evidence was insufficient to identify him as the party who operated the machine at the time and upon which this prosecution was based. We have read the evi•dence carefully, and, in our opinion, the evidence was amply sufficient to show this. 'The other question is: Appellant claims that there was no proof showing that the road upon which the automobile was run was a public road. As stated, we have carefully read the evidence. In our opinion, the evidence is insufficient to show that it was a public road. Judge White, in section 796 of his Penal Code, correctly states how a road can be shown to be a public road, and cites the cases.

Because the evidence does not establish that the automobile was operated upon a public road, this ease must be reversed and remanded.  