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415 S.W.2d 423

Clardy v. State

Court of Criminal Appeals of Texas · decided 1967-05-31

Cited by 2 later decisions — most recently September 1984

2 state decisions

Relies on Grigsby v. State · 79 Tex. Crim. 605 - Rutherford v. State · 157 Tex. Crim. 195 - Skaggs v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1967-05-31

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¶1OPINION

WOODLEY, Presiding Judge.

¶2The appeal is from a conviction for possession of whiskey and vodka in a wet area for the purpose of sale without a license. (Art. 666-4(a) Vernon’s Ann.P.C.)

¶3Trial was before the court on a plea of not guilty. The trial judge found appellant guilty and assessed his punishment at a fine of $50.

¶4The punishment for the offense for which appellant was tried and found guilty is found in Article 666-41 V.A.P.C., the minimum punishment being a fine of $100. Hill v. State, 164 Tex.Cr.R. 146, 297 S.W.2d 679; Skaggs v. State, 157 Tex.Cr.R. 195, 247 S.W.2d 906; Shafer v. State, 151 Tex.Cr.R. 558, 209 S.W.2d 599.

¶5The punishment assessed by the court being less than the minimum provided by law, the judgment will be reversed on appeal. Gassoway v. State, Tex.Cr.App. 385 S.W.2d 386, and cases cited; Simmons v. State, 156 Tex.Cr.R. 601, 245 S.W.2d 254; Rutherford v. State, 79 Tex.Cr.R. 605, 187 S.W. 481.

¶6The judgment is reversed and the cause remanded.

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