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317 S.W.2d 203

Eugene v. State

Court of Criminal Appeals of Texas

Decided October 29, 1958

Court of Criminal Appeals of Texas · decided 1958-10-29

Relies on Johnson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1958-10-29

How this case has been cited

Cited by 14 later decisions — most recently December 1982

14 state decisions

701958196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DAVIDSON, Judge.

¶1This is a conviction for the felony offense of drunken driving, with punishment assessed at 730 days in jail.

¶2 The evidence fails to identify the appellant as being the same person who was alleged to have been convicted of the prior misdemeanor offense.

¶3When a prior conviction is a part of the offense here charged, the accused must be identified as being the same person who was convicted of the prior misdemeanor offense of drunken driving. Johnson v. State, 160 Tex.Cr.R. 290, 269 S.W.2d 393.

¶4Because the evidence is insufficient to show appellant’s guilt in the particular mentioned, the judgment is reversed and the cause is remanded.

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