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132 Tex. Crim. 340

104 S.W.2d 857

King v. State

Court of Criminal Appeals of Texas

Decided April 28, 1937

Court of Criminal Appeals of Texas · decided 1937-04-28

<p>The opinion states the case.</p>

Decided 1937-04-28

CHRISTIAN, Judge.

¶1 — The offense is driving an automobile on a public highway while intoxicated; the punishment, a fine of fifty dollars.

¶2 The conviction is for a felony. No sentence appears in the record. Under the circumstances, this court is without jurisdiction.

¶3 We find in the transcript a copy of the verdict of the jury. The judgment of conviction recites that appellant waived a jury and that her cause was heard by the court. The judgment should have been based on the verdict of the jury.

¶4 The appeal is dismissed.

¶5 Appeal dismissed.

¶6 The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

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