Nichols v. State
344 S.W.2d 694, 171 Tex. Crim. 42, 1961 Tex. Crim. App. LEXIS 4325
Opinion
The offense is driving while intoxicated;: the punishment, a fine of $50.
The complaint appearing in the transcript is not sworn to before any official' or person in authority and is therefore insufficient to constitute the basis for a valid information. Purcell v. State, Tex.Cr.App., 317 S.W.2d 208.
The punishment assessed is less than< the minimum, and the judgment cannot stand. Malone v. State, Tex.Cr.App., 328 S.W.2d 310.
For the reasons set forth, the judgment' is reversed and the prosecution ordered dismissed.
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Nichols v. State, 344 S.W.2d 694, 171 Tex. Crim. 42, 1961 Tex. Crim. App. LEXIS 4325 (Tex. 1961).
344 S.W.2d 694 (Nichols v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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