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SMITH v. STATE

No. 25824.

248 S.W.2d 937 (1952)

SMITH v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied June 4, 1952.

Attorney(s) appearing for the Case

No attorney on appeal for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.

DAVIDSON, Commissioner.

This is a case of driving an automobile upon a public highway while intoxicated; the punishment, a fine of $50.

The verdict of the jury, which is challenged as being insufficient to support the judgment, reads as follows:

"We, the Jury, find the Defendant, Guilty, as charged and recommend he be fined the sum of $50.00."

The claimed insufficiency of the verdict lies in the use by the jury of the word, "recommend," in...

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