Court of Criminal Appeals of Texas, 1963

Compian v. State

Compian v. State
Court of Criminal Appeals of Texas · Decided January 9, 1963 · Woodley
363 S.W.2d 468; 1963 Tex. Crim. App. LEXIS 1067 (South Western Reporter, Second Series)
Compian v. State

Cases that cite this one

5 later published cases cite this decision.

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Opinion

*469 WOODLEY, Presiding Judge.

The offense is driving a motor vehicle upon a public highway while intoxicated, the minimum punishment for which is 3 days in jail and a fine of $50. (Art. 802 Vernon’s Ann.P.C.)

The judgment appealed from was rendered upon the verdict of a jury assessing a fine of $50, but no jail term.

The punishment assessed being less than the minimum provided by law, reversal of the conviction is required. Malone v. State, 168 Tex.Cr.R. 409, 328 S.W.2d 310; Henderson v. State, 167 Tex.Cr.R. 112, 318 S.W.2d 898, and cases cited.

The judgment is reversed and the cause remanded.

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