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355 S.W.2d 536

Cano v. State

Court of Criminal Appeals of Texas · decided 1962-03-07

Relies on Billingslea v. State · 157 Tex. Crim. 114 - Howard v. State

Decided 1962-03-07

MORRISON, Judge.

¶1The offense is driving while intoxicated; the punishment, 90 days in jail and a fine of $150.00.

¶2No statement of facts accompanies the record.

¶3Appellant’s sole contention, which is presented by formal bill of exception No. 1, is that the complaint did not have the same file number as the information and was not attached to the information.

¶4The complaint and information before us appear to have been filed on the same day and are regular on their face.

¶5There is no motion to quash the information in the record, and our consideration of the alleged error is precluded by Article 523, Vernon’s Ann.C.C.P., and our holdings in Billingslea v. State, 160 Tex.Cr.R. 244, 268 S.W.2d 668, and Howard v. State, 157 Tex.Cr.R. 114, 247 S.W.2d 112.

¶6Finding no reversible error, the judgment-of the trial court is affirmed.

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