Gordon v. State

Hawkins, Judge.

Conviction is for driving an automobile upon the highway while appellant was intoxicated, punishment assessed was five days in the county jail and a fine of $250.00.

Appellant filed application for a suspended sentence in event of his conviction. The court instructed the jury that if they found appellant guilty and assessed his punishment at imprisonment in the penitentiary they might in their discretion recommend the suspension of his sentence. • Appellant objected by proper exception to such instruction on the ground that the offense with which he was charged was a felony…