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168 Tex. Crim. 409

Malone v. State

Court of Criminal Appeals of Texas

Decided October 28, 1959

Court of Criminal Appeals of Texas · decided 1959-10-28

Relies on 167 Tex. Crim. 112 - Henderson v. State

Decided 1959-10-28

WOODLEY, Judge.

¶1This is an appeal from a conviction for drunken driving as defined by Art. 802 V.A.P.C.

¶2The punishment was assessed at a fine of $75, whereas a jail term of not less than 3 days is mandatory under the statute. No imprisonment in jail was assessed.

¶3The punishment assessed being less than the minimum provided by law, the judgment will be reversed on appeal. Henderson v. State, 167 Texas Cr. Rep. 12, 318 S.W. 2d 898, 899, and cases cited.

¶4The judgment is reversed and the cause remanded.

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