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VAN OSTRAND v. STATE

No. 38874.

397 S.W.2d 436 (1966)

Kenneth Clyde VAN OSTRAND, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 5, 1966.

Attorney(s) appearing for the Case

Dennis G. Brewer, James W. Deatherage, Irving, for appellant.

Henry Wade, Dist. Atty., Curtis Glover, Donald Koons and W. John Allison, Jr., Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The offense is drunk driving; the punishment, 3 days in jail and a fine of $50.

The verdict of the jury which the trial court received and upon which the judgment of conviction was rendered recites that the jury found the defendant guilty as charged and fixed his punishment "at confinement in the county jail for Three _____ and by a fine of $50.00."

The verdict assessed no definite punishment and for that reason is fatally defective...

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