Nichols v. State

Court of Criminal Appeals of Texas
Nichols v. State, 344 S.W.2d 694 (Tex. Crim. App. 1961)
171 Tex. Crim. 42; 1961 Tex. Crim. App. LEXIS 4325
Morrison, Woodley

Nichols v. State

Opinion

MORRISON, Judge.

The offense is driving while intoxicated;: the punishment, a fine of $50.

The complaint appearing in the transcript is not sworn to before any official' or person in authority and is therefore insufficient to constitute the basis for a valid information. Purcell v. State, Tex.Cr.App., 317 S.W.2d 208.

The punishment assessed is less than< the minimum, and the judgment cannot stand. Malone v. State, Tex.Cr.App., 328 S.W.2d 310.

For the reasons set forth, the judgment' is reversed and the prosecution ordered dismissed.

WOODLEY, P. J., absent.

Reference

Full Case Name
Claud NICHOLS, Appellant, v. STATE of Texas, Appellee
Cited By
5 cases
Status
Published