[squirrel]

George W. Walker, Van Horn, for appellant.
Wesley Dice, State's Atty., of Austin , for the State.
BELCHER, Commissioner.
Appellant was convicted for the violation of Art. 6687b, § 27, V.A.R.C.S.; and his punishment was assessed at a fine of $50.
The information upon which this conviction was predicated alleged that appellant "did then and there unlawfully drive and operate a motor vehicle upon a public [Page - Tex. 318] highway, to-wit: U. S. Highway Number 80, situated within said county and state, while his, the said Keith Brook's, drivers license was suspended."
In Hassell v. State, 149 Tex.Cr.R. 333, 194 S.W.2d 400, 401, we said:
"There being no such license as a 'driver's' license known to the law, it follows that the information, in charging the driving of a motor vehicle upon a public highway without such a license, charges no offense." See also Holloway v. State, Tex.Cr.App., 237
S.W.2d 303.
Because the information fails to charge an offense, the judgment is reversed and the prosecution ordered dismissed.
Opinion approved by the Court.
Page Tex. 400
HASSELL v. STATE.
No. 23353.
Court of Criniinal Appeals of Texas.
May 15, W&.
1. Automobiles Key l37
Under Drivers' License Act it is unlawful for any person to drive or operate a motor vehicle over a highway of Texas without having a license, either as an operator, a commercial operator or a chauffeur, but one holding a license as a commercial operator or chauffeur is not required to have an operator's license. Vernon's Ann.Civ. St. art. 6687b, §§2,3,44.
2. Automobiles Key 351
Information alleging that defendant operated a motor vehicle upon public highway without a "driver's license" charged no offense under Drivers' License Act, since a driver's license is not known to the law because the act only authorizes issuance of operators' commercial operators' and chauffeurs' license and use of term "driver" interchangeably with term "operator" would not be authorized in view of definition in the act of term driver as meaning every person who drives or is in actual physical possession of a vehicle. Vernon's Ann.Civ. St. art. 6687b, §§ 2, 3, 44.