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167 Tex. Crim. 591

White v. State

Court of Criminal Appeals of Texas

Decided February 11, 1959

Court of Criminal Appeals of Texas · decided 1959-02-11

Cited by 1 later decisions — most recently June 1991

1 state decisions

Relies on 167 Tex. Crim. 51 - Hunt v. State · 164 Tex. Crim. 137 - Williams v. State · 165 Tex. Crim. 217 - Dillon v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1959-02-11

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DICE, Judge.

¶1Upon a plea of guilty, before the court without a jury, appellant was convicted of unlawfully selling whiskey in a dry area and his punishment assessed at 60 days in jail and a fine of $200.

¶2By motion for new trial appellant claims that he entered the plea of guilty because of certain promises and threats made to him by an agent of the Texas Liquor Control Board. In the motion appellant alleged that the agent led him to believe that he was a Federal officer and promised him that .if he would plead guilty he would receive as punishment a minimum fine of $100 and also threatened to take him to Abilene, Texas and file charges against him in Federal Court unless he entered the plea of guilty.

¶3The motion was not sworn to or supported by the affidavit of appellant or any other person.

¶4The unverified motion was insufficient as a pleading and the court’s action in overruling the same cannot be assigned as error. Williams v. State, 164 Texas Cr. Rep. 137, 296 S.W. 2d 781; Dillon v. State, 165 Texas Cr. Rep. 217, 305 S.W. 2d 956, and Hunt v. State, 167 Texas Cr. Rep. 51, 317 S.W. 2d 743.

¶5The judgment is affirmed.

¶6Opinion approved by the Court.

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