Legal Opinion

Reid v. State

Court of Criminal Appeals of Texas

Decided January 9, 1952No. 25624PublishedCited by 3 opinions

1Opinion of the Court

DAVIDSON, Judge.

Upon his plea of guilty to the charge of driving an automobile upon a public highway while intoxicated, appellant was assessed punishment at 730 days in jail.

No bills of exception accompany the record.

If we understand appellant’s contention, it is that the penalty assessed under the facts is unconscionable and constitutes cruel and unusual punishment.

While it is true that our Constitution prohibits the infliction of “cruel or unusual punishment” (Art. 1, Sec. 13), so long as the punishment assessed is within the limits prescribed by a valid law it is not cruel or unusual…

2Cases cited1 opinion

  1. Stroud v. StateCourt of Criminal Appeals of Texas · 1943

3Cited by3 opinions

  1. Jacks v. StateCourt of Criminal Appeals of Texas · 1958
  2. Thorn v. State, Texas Court of Appeals, 5th District (Dallas)1983
  3. Cobbs v. StateCourt of Criminal Appeals of Texas · 1973

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