Bradshaw v. State

331 S.W.2d 52, 1959 Tex. Crim. App. LEXIS 2726

Opinions

DICE, Commissioner.

This is an appeal from a conviction for driving while intoxicated as defined by Art. 802, Vernon’s Annotated Penal Code.

The punishment was assessed at imprisonment in jail for 3 days, no fine being assessed. Under the statute a minimum fine of not less than $50 is mandatory.

The punishment assessed being less than the minimum provided by law, the judgment will be reversed on appeal, Henderson v. State, Tex.Cr.App., 318 S.W.2d 898 and Malone v. State, Tex.Cr.App., 328 S.W.2d 310.

The judgment is reversed and the cause remanded.

Opinion approved by the Court.