Lybert v. State

OPINION

WOODLEY, Presiding Judge.

The offense is drunk driving; the punishment, six months in jail and a fine of $250.

Motion for new trial was overruled on January 25, 1966.

A prior appeal was dismissed and motion to reinstate such appeal was overruled for want of a sentence in our Cause No. 39,703 (Lybert v. State, Tex.Cr.App., 408 S.W.2d 227).

By order dated December 9, 1966, sentence pronounced on January 25, 1966, was entered nunc pro tunc and notice of appeal was given (as it was on January 25, 1966) and was entered of record.

The appeal is now before this court and the record in the prior…