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SMITHHART v. STATE

No. 46919.

503 S.W.2d 283 (1973)

C. A. SMITHHART, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 16, 1974.

Attorney(s) appearing for the Case

L. Royce Coleman, Jr., Denton, for appellant.

John Lawhon, Dist. Atty., and Phillip O. Vick, Asst. Dist. Atty., Denton, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for operating a motor vehicle upon a public highway while under the influence of drugs to a degree which renders the driver incapable of safely operating and driving such vehicle. After the jury returned a verdict of guilty, punishment was assessed by the court at thirty (30) days confinement in jail and a fine of one hundred dollars; however, no judgment was rendered thereon and appellant was...

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