Court of Criminal Appeals of Texas, 1951

Spradlin v. State

Spradlin v. State
Court of Criminal Appeals of Texas · Decided May 16, 1951 · Davidson
156 Tex. Crim. 121; 239 S.W.2d 393; 1951 Tex. Crim. App. LEXIS 1501

Spradlin v. State

Opinion of the Court

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 *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.

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