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Gilliland v. State

Court of Criminal Appeals of Texas
Jan 25, 1961
342 S.W.2d 327 (Tex. Crim. App. 1961)

Opinion

No. 32827.

January 25, 1961.

Appeal from the County Court, Smith County, Harry Loftis, J.

No attorney for appellant of record on appeal.

Leon B. Douglas, State's Atty., Austin, for the State.


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

This is a prosecution under Article 802, Vernon's Ann.P.C., for the violation of which a jail term is mandatory.

The punishment 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.


Summaries of

Gilliland v. State

Court of Criminal Appeals of Texas
Jan 25, 1961
342 S.W.2d 327 (Tex. Crim. App. 1961)
Case details for

Gilliland v. State

Case Details

Full title:Henry GILLILAND, Appellant, v. STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Jan 25, 1961

Citations

342 S.W.2d 327 (Tex. Crim. App. 1961)

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