MATTHEWS v. STATE

No. 40324.

414 S.W.2d 938 (1967)

Doris Thomas MATTHEWS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 31, 1967.


Attorney(s) appearing for the Case

Stanley I. Weinberg (on appeal only), Dallas, Charles W. Tessmer (on appeal only), Dallas, for appellant.

Henry Wade, Dist. Atty., John H. Stauffer, Scott Bradley and Kerry P. FitzGerald, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

DICE, Judge.

The conviction is under Art. 802b, Vernon's Ann.P.C., for the subsequent offense of drunk driving; the punishment, forty-two months in the Texas Department of Corrections.

Trial was before a jury upon appellant's plea of not guilty.

The issue of appellant's guilt was first submitted to the jury, and upon return of the verdict of guilty appellant requested that the punishment be assessed by the jury. A hearing was then...

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