Rains v. State

129 S.W.2d 669, 137 Tex. Crim. 315, 1939 Tex. Crim. App. LEXIS 411
Court of Criminal Appeals of Texas·Decided June 14, 1939·No. No. 20496.·Published·Cited by 1 cases

Opinion

CHRISTIAN, Judge.

The offense is driving an automobile on a public highway while intoxicated; the punishment, a fine of fifty dollars and confinement in jail for ninety days.

It does not appear that appellant was sentenced. The conviction being for a felony, it was incumbent upon the trial court to sentence the appellant. In the absence of sentence this court is without jurisdiction.

The appeal is dismissed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

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Rains v. State, 129 S.W.2d 669, 137 Tex. Crim. 315, 1939 Tex. Crim. App. LEXIS 411 (Tex. 1939).

129 S.W.2d 669 (Rains v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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