McCloud v. State

CHRISTIAN, Judge.

The offense is driving an automobile upon a street of an incorporated city while intoxicated; the punishment, a fine of one hundred dollars.

No sentence appears in the record. The offense of which appellant was convicted being a felony, it was the duty of the trial court to pronounce sentence upon the judgment of conviction. Under the decisions, an offense is a felony which is punishable by confinement in the penitentiary, even though it also carries as an alternative punishment a fine or imprisonment in the county jail. McFadden v. State, 300 S. W., 54; Pierce v. State, 2 S.…