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HOLLY v. STATE

No. 46649.

494 S.W.2d 178 (1973)

Billy Ray HOLLY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 9, 1973.

Attorney(s) appearing for the Case

W. D. Hollars, Plainview, for appellant.

Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ON APPELLANT'S MOTION FOR REHEARING

DAVIS, Commissioner.

Our Opinion on original submission is withdrawn and the following is substituted therefor.

Appeal is taken from a conviction for the misdemeanor offense of driving a motor vehicle while intoxicated upon a public highway. Punishment was assessed by the jury at ninety days in jail and a fine of $75.00.

The sentence contained in the record affirmatively shows that it...

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