Court of Criminal Appeals of Texas, 1952

Hancock v. State

Hancock v. State
Court of Criminal Appeals of Texas · Decided June 28, 1952 · Beauchamp
250 S.W.2d 220; 1952 Tex. Crim. App. LEXIS 2075 (South Western Reporter, Second Series)

Hancock v. State

Opinion of the Court

BEAUCHAMP, Judge.

Tlie appeal is from a. conviction for driving a motor. vehicle upon a public highway while appellant’s license was suspended. The fine was $25.

The complaint and information do not allege that he had an operator’s license at the time of his conviction in the former offense. There is no allegation upon which proof may be admitted to show that he did, and there is no such proof in the record.

The judgment of the trial court is reversed and the prosecution ordered dismissed. Barber v. State, 149 Tex.Cr.App., 18, 191 S.W.2d 879; Holloway v. State, Tex.Cr.App., 237 S.W.2d 303.

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