Gilliland v. State

Decided January 25, 1961

Cited by 3 later decisions — most recently May 1981

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1961-01-25

MORRISON, Judge.

¶1 The offense is driving while intoxicated; the punishment, a fine of $50.

¶2 *328 This is a prosecution under Article 802, Vernon’s Ann.E.C., for the violation of which a jail term is mandatory.

¶3 '• The punishrfient assessed being less than the minimum provided by law, the judgment will be reversed on appeal. Malone v. State, Tex.Cr.App., 328 S.W.2d 310; Henderson v. State, Tex.Cr.App., 318 S.W.2d 898, and cases there cited.

¶4 The judgment is reversed and the cause remanded. '