McPherson v. State

DAVIDSON, Judge.

This is a conviction for drunken driving, with punishment assessed at a fine of $50 and three days’ confinement in jail.

In submitting this case to the jury, the trial court applied the punishment to the offense charged, as provided by Art. 802, Vernon’s P. C., as amended by Chap. 167, Acts of the Regular Session of the 53rd Legislature in 1953, by which punishment of both a fine and confinement in jail are made mandatory.

Appellant insisted in the trial court that said act was unconstitutional and void because of the provision therein which authorizes probation by the trial…