Brooks v. State

In accordance with the views of a majority of this court, as stated in Gilderbloom v. State, 160 Texas Cr. Rep. 476, 272 S.W. 2d 106, the minimum punishment affixed to the offense of drunken driving (Art. 802, Vernon’s P.C.) is a fine of $50 and three days’ confinement in the county jail.

No authority exists to commute, suspend, or extend probation of the jail sentence.

Here, the trial court, in submitting this case to the jury, correctly instructed on the penalty. There was no mention in the charge of the jury’s right to suspend the jail penalty.

The jury returned the following verdict in the…