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Rains v. State

G. C. Rains v. the State

Rains v. State, 129 S.W.2d 669 (Tex. Crim. App. 1939)
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Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
June 14, 1939
Docket
No. 20496.
Judges
Christian
Citations
129 S.W.2d 669137 Tex. Crim. 3151939 Tex. Crim. App. LEXIS 411
Summary
The opinion states the case.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Christian

CHRISTIAN, Judge.

The offense is driving an automobile on a public highway while intoxicated; the punishment, a fine of fifty dollars and confinement in jail for ninety days.

It does not appear that appellant was sentenced. The conviction being for a felony, it was incumbent upon the trial court to sentence the appellant. In the absence of sentence this court is without jurisdiction.

The appeal is dismissed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1949: 119492026peak 1949 · 1

Relies on it most ⓘ

  1. Aguillar v. State221 S.W.2d 242 (Tex. Crim. App. 1949)

Most recent

  1. Aguillar v. State221 S.W.2d 242 (Tex. Crim. App. 1949)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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