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Van Ostrand v. State

Court of Criminal Appeals of Texas
Jan 5, 1966
397 S.W.2d 436 (Tex. Crim. App. 1966)

Opinion

No. 38874.

January 5, 1966.

Appeal from the County Criminal Court No. 3, Dallas County, James H. Guthrie, J.

Dennis G. Brewer, James W. Deatherage, Irving, for appellant.

Henry Wade, Dist. Atty., Curtis Glover, Donald Koons and W. John Allison, Jr., Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


The offense is drunk driving; the punishment, 3 days in jail and a fine of $50.

The verdict of the jury which the trial court received and upon which the judgment of conviction was rendered recites that the jury found the defendant guilty as charged and fixed his punishment 'at confinement in the county jail for Three _____ and by a fine of $50.00.'

The verdict assessed no definite punishment and for that reason is fatally defective. McCarty v. State, Tex.Cr.App., 317 S.W.2d 748; Slaughter v. State, 170 Tex.Crim. R., 336 S.W.2d 944, and cases cited; Ex Parte Traxler, 147 Tex.Crim. 661, 184 S.W.2d 286, and cases cited.

The judgment is reversed and the cause remanded.


Summaries of

Van Ostrand v. State

Court of Criminal Appeals of Texas
Jan 5, 1966
397 S.W.2d 436 (Tex. Crim. App. 1966)
Case details for

Van Ostrand v. State

Case Details

Full title:Kenneth Clyde VAN OSTRAND, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Jan 5, 1966

Citations

397 S.W.2d 436 (Tex. Crim. App. 1966)

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