Clough v. State
This text of 272 S.W.2d 739 (Clough 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.
Opinion
The conviction is for the felony offense of driving while intoxicated as defined in Article 802b, V.A.P.C.; the punishment, two years in the penitentiary.
Notice of appeal was given on April 13, 1954, and the statement of facts was filed in the trial court on July 16, which was 94 days thereafter. A statement of facts filed too late cannot be considered. Teague v. State, Tex.Cr.App., 253 S.W.2d 276; Hall v. State, Tex.Cr.App., 263 S.W.2d 563, and Lister v. State, Tex.Cr.App., 266 S.W.2d 138.
There are no bills of exception in the record.
The judgment fixed appellant’s punishment at not less than ten days nor more than two years. The same is now reformed to assess his punishment at a definite term of two years.
As reformed, the judgment is affirmed.
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Cite This Page — Counsel Stack
272 S.W.2d 739, 1954 Tex. Crim. App. LEXIS 2854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clough-v-state-texcrimapp-1954.