Gassoway v. State

Court of Criminal Appeals of Texas

Gassoway v. State

385 S.W.2d 386

CourtCourt of Criminal Appeals of Texas

DecidedJanuary 6, 1965

Docket37517

StatusPublished

Cited by5 cases

This text of 385 S.W.2d 386 (Gassoway 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

Gassoway v. State, 385 S.W.2d 386 (Tex. 1965).

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Opinion

WOODLEY, Judge.

This is an appeal from a conviction for drunken driving as defined by Art. 802, Vernon’s Ann.P.C.

The punishment was assessed at a fine of $500, whereas a jail term of not less than 3 days is mandatory under the statute. No imprisonment in jail was assessed.

The punishment assessed being less than the minimum provided by law, the judgment will be reversed on appeal. 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.

The judgment is reversed and the cause remanded.

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WOODLEY, Judge.

This is an appeal from a conviction for drunken driving as defined by Art. 802, Vernon’s Ann.P.C.

The punishment was assessed at a fine of $500, whereas a jail term of not less than 3 days is mandatory under the statute. No imprisonment in jail was assessed.

The punishment assessed being less than the minimum provided by law, the judgment will be reversed on appeal. 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.

The judgment is reversed and the cause remanded.

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385 S.W.2d 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gassoway-v-state-texcrimapp-1965.

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