
    WEST v. STATE.
    No. 21449.
    Court of Criminal Appeals of Texas.
    Feb. 26, 1941.
    Rehearing Denied April 2, 1941.
    Wallace Hughston, of McKinney, for appellant.
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   KRUEGER, Judge.

The conviction is for driving an automobile upon a public highway while intoxicated. The penalty assessed is a fine-of $50 and confinement in the county jail-for a term of five days.

The indictment appears to be im due form. The record is before us without a statement of facts or bills of exception. Appellant entered a plea of guilty to the-offense charged and waived a jury upon, the trial of the case.

No error having been presented, the-judgment of the trial court is affirmed.

PER CURIAM.

The foregoing opinion of the Commis-sion of Appeals has been examined by the-Judges of the Court of Criminal Appeals- and approved by the Court.

On Appellant’s Motion for Rehearing.

BEAUCHAMP, Judge.

Appellant states in his motion for-rehearing that the indictment does note ■charge any offense known to the laws of Texas; that it is vague, uncertain and not sufficiently specific to appraise the appellant of the evidence to be introduced against him.

When arraigned on the indictment with his attorney present he pleaded guilty to the charge and thereafter brought this appeal. There is no attack made on the indictment in the court below and we do not think that it is subject to the objection stated in the motion for rehearing.

The motion for rehearing is accordingly overruled.  