Smith v. State

DAVIDSON, Judge.

This is a case of driving an automobile upon a public highway while intoxicated; the punishment, a fine of $50.

The verdict of the jury, which is challenged as being insufficient to support the judgment, reads as follows:

*400“We, the Jury, find the Defendant, Guilty, as charged and recommend he be fined the sum of $50.00.”

The claimed insufficiency of the verdict lies in the use by the jury of the word, “recommend,” in fixing the punishment.

By Art. 693, C. C. P., it is made mandatory that the jury “assess the punishment in all cases where the same is not absolutely fixed by law to…