Compian v. State

Court of Criminal Appeals of Texas

Compian v. State

363 S.W.2d 468, 1963 Tex. Crim. App. LEXIS 1067

CourtCourt of Criminal Appeals of Texas

DecidedJanuary 9, 1963

Docket35201

StatusPublished

Cited by5 cases

This text of 363 S.W.2d 468 (Compian 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

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

Pincite

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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