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