Court of Criminal Appeals of Texas, 1961

Gilliland v. State

Gilliland v. State
Court of Criminal Appeals of Texas · Decided January 25, 1961 · Morrison
342 S.W.2d 327; 1961 Tex. Crim. App. LEXIS 5344 (South Western Reporter, Second Series)

Gilliland v. State

Opinion

MORRISON, Judge.

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

*328 This is a prosecution under Article 802, Vernon’s Ann.E.C., for the violation of which a jail term is mandatory.

'• The punishrfient assessed being less than the minimum provided by law, the judgment will be reversed on appeal. Malone v. State, Tex.Cr.App., 328 S.W.2d 310; Henderson v. State, Tex.Cr.App., 318 S.W.2d 898, and cases there cited.

The judgment is reversed and the cause remanded. '

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