Craven v. State

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.

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.