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Compian v. State

363 S.W.2d 468, 1963 Tex. Crim. App. LEXIS 1067
Court of Criminal Appeals of Texas·Decided January 9, 1963·No. 35201·Published·Cited by 5 cases

Opinion

*469 WOODLEY, Presiding Judge.

The offense is driving a motor vehicle upon a public highway while intoxicated, the minimum punishment for which is 3 days in jail and a fine of $50. (Art. 802 Vernon’s Ann.P.C.)

The judgment appealed from was rendered upon the verdict of a jury assessing a fine of $50, but no jail term.

The punishment assessed being less than the minimum provided by law, reversal of the conviction is required. Malone v. State, 168 Tex.Cr.R. 409, 328 S.W.2d 310; Henderson v. State, 167 Tex.Cr.R. 112, 318 S.W.2d 898, and cases cited.

The judgment is reversed and the cause remanded.

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Compian v. State, 363 S.W.2d 468, 1963 Tex. Crim. App. LEXIS 1067 (Tex. 1963).

363 S.W.2d 468 (Compian v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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