Legal Opinion

Combes v. State

Court of Criminal Appeals of Texas

Decided February 15, 1956No. 28060PublishedCited by 21 opinions

1Opinion of the Court

DAVIDSON, Judge., This is a conviction for drunken driving upon a public road in Gregg County.

The record before us contains no statement of facts or bills of exception.

The jury assessed appellant’s punishment at three days’ confinement in jail and a fine of $50.

When the trial court came to enter judgment on such verdict, however, no reference was made to that portion of the punishment assessing confinement in jail for three days.

A trial court may not receive a verdict and give effect to part of it and ignore some other part and enter another and different judgment from that called for by the…

2Cases cited2 opinions

  1. Cagle v. StateCourt of Criminal Appeals of Texas · 1944
  2. Hardy v. StateCourt of Criminal Appeals of Texas · 1953

3Cited by21 opinions

  1. State v. SavageCourt of Criminal Appeals of Texas · 1996
  2. Franklin v. StateCourt of Criminal Appeals of Texas · 1978
  3. State v. Savage, Texas Court of Appeals, 4th District (San Antonio)1994
  4. in Re Jesus Aviles, Texas Court of Appeals, 3rd District (Austin)2002
  5. Williams v. StateCourt of Criminal Appeals of Texas · 1957

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