Clardy v. State
Cases that cite this one
2 later published cases cite this decision.
- Wilson v. State (Tex. Crim. App. 1984)
- Smith v. State (Tex. Crim. App. 1968)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION
The appeal is from a conviction for possession of whiskey and vodka in a wet area for the purpose of sale without a license. (Art. 666-4(a) Vernon’s Ann.P.C.)
Trial was before the court on a plea of not guilty. The trial judge found appellant guilty and assessed his punishment at a fine of $50.
The punishment for the offense for which appellant was tried and found guilty is found in Article 666-41 V.A.P.C., the minimum punishment being a fine of $100. Hill v. State, 164 Tex.Cr.R. 146, 297 S.W.2d 679; Skaggs v. State, 157 Tex.Cr.R. 195, 247 S.W.2d 906; Shafer v. State, 151 Tex.Cr.R. 558, 209 S.W.2d 599.
The punishment assessed by the court being less than the minimum provided by law, the judgment will be reversed on appeal. Gassoway v. State, Tex.Cr.App. 385 S.W.2d 386, and cases cited; Simmons v. State, 156 Tex.Cr.R. 601, 245 S.W.2d 254; Rutherford v. State, 79 Tex.Cr.R. 605, 187 S.W. 481.
The judgment is reversed and the cause remanded.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.