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387 S.W.2d 895

Compton v. State

Court of Criminal Appeals of Texas

Decided March 17, 1965

Court of Criminal Appeals of Texas · decided 1965-03-17

Relies on Compian v. State

Decided 1965-03-17

DICE, Commissioner.

¶1The conviction is under Art. 802, Vernon’s Ann.P.C., for the offense of driving a motor vehicle upon a public highway while intoxicated, with punishment assessed at a fine of $50.

¶2The minimum punishment for such offense under the provisions of Art. 802, supra, is three days in jail and a fine of $50.

¶3The punishment assessed, being less than the minimum provided by law, requires a reversal of the conviction. Compian v. State, Tex.Cr.App., 363 S.W.2d 468.

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

¶5Opinion approved by the Court

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