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CUNNINGHAM v. STATE

No. 33871.

353 S.W.2d 37 (1961)

Tom Fred CUNNINGHAM, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 3, 1962.

Attorney(s) appearing for the Case

Ben Henderson, Dallas, for appellant.

Henry Wade, Criminal Dist. Atty., James H. Miller, Gene Ater, Phil Burleson, Assts. Dist. Atty., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

PER CURIAM.

Driving while intoxicated is the offense; the punishment, a fine of $100 and 5 days in in jail.

The record is before us without a statement of facts or bills of exception. Nothing is presented for review.

The judgment is affirmed.

ON MOTION FOR REHEARING

McDONALD, Judge.

Upon original submission, this case was affirmed in a Per Curiam opinion delivered November 1, 1961, the record being before us without a statement...

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