Gilliland v. State

342 S.W.2d 327, 1961 Tex. Crim. App. LEXIS 5344
Court of Criminal Appeals of Texas·Decided January 25, 1961·No. 32827·Published·Cited by 4 cases

Opinion

MORRISON, Judge.

The offense is driving while intoxicated; the punishment, a fine of $50.

*328 This is a prosecution under Article 802, Vernon’s Ann.E.C., for the violation of which a jail term is mandatory.

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

The judgment is reversed and the cause remanded. '

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Gilliland v. State, 342 S.W.2d 327, 1961 Tex. Crim. App. LEXIS 5344 (Tex. 1961).

342 S.W.2d 327 (Gilliland v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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