SUPAK v. STATE

No. 37287.

388 S.W.2d 721 (1965)

L. D. Frankie SUPAK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 10, 1965.

Second Motion for Rehearing Denied April 21, 1965.


Attorney(s) appearing for the Case

Eugene A. Smith, Joe J. Newman, Houston, for appellant.

Frank Briscoe, Dist. Atty., Houston, Carl E. F. Dally, C.A. Davis and Theodore P. Busch, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The offense is drunk driving; the punishment, 7 days in jail and a fine of $50.

In our original opinion we sustained the appellant's contention that the trial court erred in overruling his plea of former jeopardy without having passed upon the state's contention that such claim of error was not properly before this Court.

The transcript contains what is designated as "Defendant's Motion to Dismiss Cause," in which the facts were alleged...

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