Spradlin v. State

Court of Criminal Appeals of Texas

Spradlin v. State

239 S.W.2d 393, 156 Tex. Crim. 121, 1951 Tex. Crim. App. LEXIS 1501

CourtCourt of Criminal Appeals of Texas

DecidedMay 16, 1951

DocketNo. 25306

StatusPublished

This text of 239 S.W.2d 393 (Spradlin 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

Spradlin v. State, 239 S.W.2d 393, 156 Tex. Crim. 121, 1951 Tex. Crim. App. LEXIS 1501 (Tex. 1951).

Pincite

Opinion

DAVIDSON, Judge.

The indictment charged the felony offense of driving an automobile while intoxicated. The punishment was assessed at one year in the penitentiary.

The agreed statement of facts before us fails to show that the state made proof of the fact that appellant had been on a [122]*122prior date convicted of the offense of driving an automobile while intoxicated, as alleged in the indictment. In the absence of such proof, the conviction cannot stand.

The judgment is reversed and the cause remanded.

Opinion approved by the court.

Free access — add to your briefcase to read the full text and ask questions with AI

DAVIDSON, Judge.

The indictment charged the felony offense of driving an automobile while intoxicated. The punishment was assessed at one year in the penitentiary.

The agreed statement of facts before us fails to show that the state made proof of the fact that appellant had been on a [122]*122prior date convicted of the offense of driving an automobile while intoxicated, as alleged in the indictment. In the absence of such proof, the conviction cannot stand.

The judgment is reversed and the cause remanded.

Opinion approved by the court.

Cite This Page — Counsel Stack

Bluebook (online)

239 S.W.2d 393, 156 Tex. Crim. 121, 1951 Tex. Crim. App. LEXIS 1501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spradlin-v-state-texcrimapp-1951.