Gonzalez v. State

Court of Criminal Appeals of Texas

Gonzalez v. State

318 S.W.2d 658

CourtCourt of Criminal Appeals of Texas

DecidedDecember 17, 1958

DocketNo. 30238

StatusPublished

Cited by3 cases

This text of 318 S.W.2d 658 (Gonzalez 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

Gonzalez v. State, 318 S.W.2d 658 (Tex. 1958).

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Opinion

MORRISON, Presiding Judge.

The offense is driving while intoxicated; the punishment, three days in jail and a fine of $50.00.

[659]*659No statement of facts accompanies the record. By bill of exception it is made to appear that the information was not read to the jury nor did appellant plead to the same. The court’s charge to the jury, however, recites “To this charge the defendant has plead ‘not guilty.’ ” There is an entire absence of any showing in the record that the accused did not waive the reading of the information or his right to enter a plea before the jury, and the case of Seale v. State, 158 Tex.Cr.R. 440, 256 S.W.2d 86, is here controlling.

The judgment is affirmed.

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MORRISON, Presiding Judge.

The offense is driving while intoxicated; the punishment, three days in jail and a fine of $50.00.

[659]*659No statement of facts accompanies the record. By bill of exception it is made to appear that the information was not read to the jury nor did appellant plead to the same. The court’s charge to the jury, however, recites “To this charge the defendant has plead ‘not guilty.’ ” There is an entire absence of any showing in the record that the accused did not waive the reading of the information or his right to enter a plea before the jury, and the case of Seale v. State, 158 Tex.Cr.R. 440, 256 S.W.2d 86, is here controlling.

The judgment is affirmed.

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318 S.W.2d 658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-v-state-texcrimapp-1958.

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