Malone v. State

Court of Criminal Appeals of Texas

Malone v. State

168 Tex. Crim. 409

CourtCourt of Criminal Appeals of Texas

DecidedOctober 28, 1959

DocketNo. 31,250

StatusPublished

This text of 168 Tex. Crim. 409 (Malone 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

Malone v. State, 168 Tex. Crim. 409 (Tex. 1959).

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Opinion

WOODLEY, Judge.

This is an appeal from a conviction for drunken driving as defined by Art. 802 V.A.P.C.

The punishment was assessed at a fine of $75, 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. Henderson v. State, 167 Texas Cr. Rep. 12, 318 S.W. 2d 898, 899, and cases cited.

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 V.A.P.C.

The punishment was assessed at a fine of $75, 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. Henderson v. State, 167 Texas Cr. Rep. 12, 318 S.W. 2d 898, 899, and cases cited.

The judgment is reversed and the cause remanded.

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Bluebook (online)

168 Tex. Crim. 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malone-v-state-texcrimapp-1959.

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