*1 52 appel- on the trial
her cross-examination returned
lant that had never testified she suf- slip not have get
to she did the because money pay the balance owed
ficient to pros- the concluded that
thereon. We have the comment on authorized to
ecutor was was appellant argue that it of and
attire argue testimony, her and
inconsistent with ap- having so testified
further that after rings.
pellant removed her had error, judgment
Finding the no reversible court is affirmed.
of the trial BRADSHAW, Appellant,
Doyle
v. Texas, Appellee. attorney appellant No for record of on STATE of appeal. No. 31239. McDaniel, County E. Atty., Richard Cen- Appeals Criminal of Texas.
Court of ter, Austin, Douglas, Leon B. Atty., State’s 9, Dec. 1959. the for State. 13, Rehearing Denied 1960. Jan.
DICE, Commissioner. appeal is an
This from a conviction driving for while intoxicated as defined by 802, Art. Vernon’s Annotated Penal Code. punishment imprison-
The
was assessed at
jail
days,
being
ment in
for 3
fine
as-
no
Under the
a
sessed.
statute minimum fine
mandatory.
of
than
is
not less
$50
punishment
being
The
assessed
less than
law,
provided by
judgment
the minimum
the
appeal,
will be reversed on
Henderson v.
State, Tex.Cr.App.,
The is reversed and the cause remanded. approved
Opinion by the Court. *2 53 Rehearing attorney for No appellant. On Motion for Austin, Leon B. Douglas, Atty., State’s BELCHER, Commissioner. for the State. By in this court the affidavit filed says MORRISON, made in a clerical error was Presiding
state that Judge. entry of judgment the of in the minutes the The offense is assault with intent to mur- court, by the such affidavit the trial and der malice; without punishment, the one supply the state seeks to the data to correct and years. one-half in Such an must be corrected error. error Appellant the trial court. plead guilty, voluntary and his confession was objec- introduced without final, appeal Until this has become tion. When taken with the other evidence authority the trial court cor is without to introduced, guilt his sufficiently is shown. rect the form a minutes of the court which No brief filed, has been and no bills of part 828, appeal. of the Ver record on Art. exception appear in the record. Pro non’s Annotated Code of Criminal judgment The State, is Tex.Cr.App., affirmed. cedure. Palacio 296 v.
S.W.2d 550. rehearing
The motion for is overruled.
Opinion approved by the Court.
Anthony T. GARCIA and Jesus Guillen Neria, Appellants, v. Texas, Appellee.
STATE of RODRIGUEZ, Appellant, Benjamin No. 31128. v. Appeals of Court Criminal of Texas. Texas, Appellee. of
STATE 9, Dec. 1959. No. 31361. Appeals of Criminal of Court Texas. 20,
Jan. 1960.