Latham v. State

HAWKINS, Presiding Judge.

It was charged by indictment that appellant while intoxicated drove a motor vehicle upon a public highway. Appellant waived a jury and under the formalities required by statute (Art. 10a and 11, Vernon's Tex. C. C. P., Vol. 1) entered his plea of guilty before the court.

The record is before this court without bills of exception or statement of facts. However, our attention is directed to the judgment and sentence which present an anomalous situation.

The court found appellant guilty as charged and decreed that he be punished by confinement in the penitentiary for a…