Nichols v. State
Nichols v. State
344 S.W.2d 694; 171 Tex. Crim. 42; 1961 Tex. Crim. App. LEXIS 4325
(South Western Reporter, Second Series)
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.