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Grider v. State

Court of Criminal Appeals of Texas
Feb 16, 1966
398 S.W.2d 937 (Tex. Crim. App. 1966)

Opinion

No. 39272.

February 16, 1966.

Appeal from the County Court at Law No. 2, Lubbock County, Pat S. Moore, J.

Minor Pounds, Lubbock, for appellant.

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


The offense is operating a motor vehicle upon a public highway while his operator's license was suspended under the provisions of Art. 6701h Vernon's Ann.Civ.St.; the punishment, a fine of $125.

The statement of facts found in the record cannot be considered, it not having been filed in the trial court as required by Sec. 4 of Art. 759a Vernon's Ann.C.C.P. in effect at the time notice of appeal herein was given. Salyer v. State, 166 Tex.Cr.C. 532, 316 S.W.2d 420; Burrus v. State, Tex.Cr.App., 307 S.W.2d 91.

The complaint and information are sufficient under the holding of this Court in Adams v. State, 376 S.W.2d 832, to charge the offense defined in Section 5 of Art. 6701h V.A.C.S., the punishment for which is found in Section 32(c) of said Article.

The trial court did not err in overruling the appellant's motion to quash the information.

In the absence of a statement of facts which we can consider, the question of whether there is a fatal variance between the allegations of the indictment and the proof as to the ground upon which appellant's operator's license was suspended, and whether such suspension was under Art. 6687b V.A.C.S. rather than under Art. 6701h V.A.C.S. is not before us.

The judgment is affirmed.


Summaries of

Grider v. State

Court of Criminal Appeals of Texas
Feb 16, 1966
398 S.W.2d 937 (Tex. Crim. App. 1966)
Case details for

Grider v. State

Case Details

Full title:Horace Lee GRIDER, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Feb 16, 1966

Citations

398 S.W.2d 937 (Tex. Crim. App. 1966)

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The record before us does not contain a statement of facts. Without a statement of facts properly before us,…