Stroebel v. State
This text of 366 S.W.2d 575 (Stroebel 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.
Opinion
The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $125.00.
Our able State’s Attorney confesses error, and we agree.
Bill of exception No. 2, filed within the 90 days but not acted upon by the trial court within the 100 days provided by Article 760d, Vernon’s Ann.C.C.P., reflects that appellant who had never before been involved in any criminal transaction, had no experience in the trial of criminal cases, was arrested one evening and brought before the judge the following morning, at which time he requested that the trial court grant him reasonable time to engage and confer with counsel, and the court refused such request and forced appellant to trial.
It is axiomatic that an accused should be accorded a reasonable time to engage and confer with counsel before being required to plead. Henderson v. State, 137 Tex.Cr.R. 18, 127 S.W.2d 902.
The judgment is reversed, and the cause is remanded.
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Cite This Page — Counsel Stack
366 S.W.2d 575, 1963 Tex. Crim. App. LEXIS 843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stroebel-v-state-texcrimapp-1963.