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317 S.W.2d 748

McCarty v. State

Court of Criminal Appeals of Texas

Decided November 12, 1958

Court of Criminal Appeals of Texas · decided 1958-11-12

Cited by 4 later decisions — most recently January 1975

4 state decisions

Relies on 160 Tex. Crim. 423 - Bumpass v. State · 136 Tex. Crim. 498 - Cooper v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1958-11-12

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WOODLEY, Judge.

¶1 The offense is driving a motor vehicle upon a public highway while intoxicated; the punishment, thirty days in jail and a fine of $250.

¶2 The verdict of the jury upon which the judgment was rendered reads:

“We, the jury, find the defendant guilty as charged and assess his punishment at $250.00 Dollars fine and 30-in the County Jail.”

¶3 The verdict is fatally defective under our holding in Bumpass v. State, 160 Tex.Cr.R. 423, 271 S.W.2d 953, and Cooper v. State, 136 Tex.Cr.R. 498, 126 S.W.2d 974.

¶4 The judgment is reversed and the cause remanded.

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