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McCarty v. StateMcCarty v. State

Court of Criminal Appeals of Texas
Nov 12, 1958
30108
Reporters:
,
Before:
Woodley
WOODLEY, Judge.

The offense is driving a motor vehicle upon a public highway while intoxicated; the punishment, thirty days in jail and a fine of $250.

The verdict of the jury upon which the judgment was rendered reads:

“We, the jury, find the defendant guilty as charged and assess his punishment at $250.00 Dollars fine and 30-in the County Jail.”

The verdict is fatally defective under our holding in Bumpass v. State, 160 Tex.Cr.R. 423, 271 S.W.2d 953, and Cooper v. State, 136 Tex.Cr.R. 498, 126 S.W.2d 974.

The judgment is reversed and the cause remanded.

Case Details

Case Name: McCarty v. State
Court Name: Court of Criminal Appeals of Texas
Date Published: Nov 12, 1958
Citations: 317 S.W.2d 748; 1958 Tex. Crim. App. LEXIS 4830; 30108
Docket Number: 30108
Court Abbreviation: Tex. Crim. App.
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