McCarty v. State

Court of Criminal Appeals of Texas

McCarty v. State

317 S.W.2d 748, 1958 Tex. Crim. App. LEXIS 4830

CourtCourt of Criminal Appeals of Texas

DecidedNovember 12, 1958

Docket30108

StatusPublished

Cited by4 cases

This text of 317 S.W.2d 748 (McCarty 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.

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McCarty v. State, 317 S.W.2d 748, 1958 Tex. Crim. App. LEXIS 4830 (Tex. 1958).

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Opinion

WOODLEY, Judge.

The offense is driving a motor vehicle upon a public highway while intoxicated; the punishment, thirty days in jail and a fine of $250.

The verdict of the jury upon which the judgment was rendered reads:

“We, the jury, find the defendant guilty as charged and assess his punishment at $250.00 Dollars fine and 30-in the County Jail.”

The verdict is fatally defective under our holding in Bumpass v. State, 160 Tex.Cr.R. 423, 271 S.W.2d 953, and Cooper v. State, 136 Tex.Cr.R. 498, 126 S.W.2d 974.

The judgment is reversed and the cause remanded.

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