Opinion
No. 38057.
March 17, 1965.
Appeal from the County Court, Leon County, W. A. Plunkett, J.
Robert E. Burroughs, Centerville, Emmett Colvin, Jr., Dallas, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
The 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.
The minimum punishment for such offense under the provisions of Art. 802, supra, is three days in jail and a fine of $50.
The 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.
The judgment is reversed and the cause is remanded.
Opinion approved by the Court.