DeMARY v. STATE

No. 40879.

423 S.W.2d 331 (1967)

Rufus Peter DeMARY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion to Reinstate Appeal January 31, 1968.


Attorney(s) appearing for the Case

Fred A. Carver, Beaumont, for appellant.

W. C. Lindsey, Dist. Atty., James Sparks, Jr., Asst. Dist. Atty., Beaumont, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

DICE, Judge.

The conviction is for negligent homicide in the first degree; the punishment, a fine of $1,000.

The record on appeal does not include a sentence pronounced by the court, as required by Art. 40.09-1, C.C.P.

Art. 42.02, C.C.P., provides that a sentence must be pronounced and entered of record in every felony case and in every misdemeanor case except where the maximum possible punishment is by fine only.

Art. 42...

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