Hancock v. State

Court of Criminal Appeals of Texas

Hancock v. State

250 S.W.2d 220, 1952 Tex. Crim. App. LEXIS 2075

Court of Criminal Appeals of Texas·Decided June 28, 1952·No. No. 25920·Published

Opinion

BEAUCHAMP, Judge.

Tlie appeal is from a. conviction for driving a motor. vehicle upon a public highway while appellant’s license was suspended. The fine was $25.

The complaint and information do not allege that he had an operator’s license at the time of his conviction in the former offense. There is no allegation upon which proof may be admitted to show that he did, and there is no such proof in the record.

The judgment of the trial court is reversed and the prosecution ordered dismissed. Barber v. State, 149 Tex.Cr.App., 18, 191 S.W.2d 879; Holloway v. State, Tex.Cr.App., 237 S.W.2d 303.

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BEAUCHAMP, Judge.

Tlie appeal is from a. conviction for driving a motor. vehicle upon a public highway while appellant’s license was suspended. The fine was $25.

The complaint and information do not allege that he had an operator’s license at the time of his conviction in the former offense. There is no allegation upon which proof may be admitted to show that he did, and there is no such proof in the record.

The judgment of the trial court is reversed and the prosecution ordered dismissed. Barber v. State, 149 Tex.Cr.App., 18, 191 S.W.2d 879; Holloway v. State, Tex.Cr.App., 237 S.W.2d 303.

Hancock v. State, 250 S.W.2d 220, 1952 Tex. Crim. App. LEXIS 2075 (Tex. 1952).

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Opinion

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