WHEELER v. STATE

No. 36855.

378 S.W.2d 677 (1964)

Richard Allan WHEELER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 27, 1964.


Attorney(s) appearing for the Case

No attorney for appellant on appeal.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, Asst. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is driving while intoxicated; the punishment, 180 days in jail and a fine of $50.00.

No statement of facts accompanies the record, however, by an approved and unqualified bill of exception appellant complains of the action of the court in accepting the following form of verdict and entering a judgment of guilty thereon, to wit:

"We, the jury find the defendant `Not Guilty'. We, the jury, find the defendant guilty as charged...

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