Gilliland v. State

Court of Criminal Appeals of Texas

Gilliland v. State

342 S.W.2d 327, 1961 Tex. Crim. App. LEXIS 5344

CourtCourt of Criminal Appeals of Texas

DecidedJanuary 25, 1961

Docket32827

StatusPublished

Cited by4 cases

This text of 342 S.W.2d 327 (Gilliland 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

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

Pincite

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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