Craven v. State

350 S.W.2d 34 | Tex. Crim. App. | 1961

350 S.W.2d 34 (1961)

Charles Adam CRAVEN, Appellant,
v.
STATE of Texas, Appellee.

No. 33315.

Court of Criminal Appeals of Texas.

October 11, 1961.

*35 W. S. (Bill) Heatly, Jr., Paducah, Richard D. Bird, Childress (on appeal only), for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Judge.

The offense is driving while intoxicated; the punishment, a fine of $100.

Our able State's Attorney confesses error because the punishment is less than that required by the statute, and we agree. Gilliland v. State, Tex.Cr.App. 342 S.W.2d 327; Malone v. State, Tex.Cr.App., 328 S.W.2d 310; and Henderson v. State, Tex. Cr.App., 318 S.W.2d 898.

The judgment is reversed and the cause is remanded.