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BRINKLEY v. STATE

No. 29926.

320 S.W.2d 855 (1958)

Beatrice Pevey BRINKLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion to Reinstate Appeal January 7, 1959.

On Second Motion to Reinstate Appeal February 4, 1959.

Attorney(s) appearing for the Case

W. R. Hill, Martin & Shown, Houston, on appeal, King C. Haynie, Houston, (on rehearing only) for appellant.

Dan Walton, Dist. Atty., Thomas D. White and Samuel H. Robertson, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for driving while intoxicated; the punishment, 3 days in jail and $100 fine.

This case was tried in the County Court at Law No. 4, of Harris County, during the December term, 1957, which expired February 1, 1958.

The jury returned its verdict on January 9, 1958, and judgment was entered thereon on the same date. The original motion for a new trial was filed on January 9, 1958, and it was never amended.

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