Alfred v. State

308 S.W.2d 514, 1958 Tex. Crim. App. LEXIS 4820
CourtCourt of Criminal Appeals of Texas
DecidedJanuary 8, 1958
DocketNo. 29413
StatusPublished

This text of 308 S.W.2d 514 (Alfred v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alfred v. State, 308 S.W.2d 514, 1958 Tex. Crim. App. LEXIS 4820 (Tex. 1958).

Opinion

DICE, Commissioner.

Upon his plea of guilty, appellant was convicted of the felony offense of driving while intoxicated and his punishment assessed by the jury at 10 days in jail and a fine of $100.

No statement of facts or bills of exception accompany the record.

We observe that in the court’s judgment fixing the appellant’s punishment it is adjudged “that he be punished by confinement in the State Penitentiary for a term of years” and in the sentence of the court it is ordered that appellant be delivered [515]*515by the Sheriff to the county jail and be confined in said jail for ten days.

Both the judgment and sentence are reformed to conform to the verdict of the jury so as to order in the judgment that the State do have and recover of the appellant the said fine of $100 and costs and that he be confined in jail for ten days and in the sentence to order that he be confined in jail by the Sheriff for a period of ten days and until said fine and costs are fully paid.

As reformed, the judgment of conviction is affirmed.

Opinion Approved by the court.

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Bluebook (online)
308 S.W.2d 514, 1958 Tex. Crim. App. LEXIS 4820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alfred-v-state-texcrimapp-1958.