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FRANKLIN v. STATE

No. 53310.

576 S.W.2d 621 (1978)

E. L. FRANKLIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied February 21, 1979.

Attorney(s) appearing for the Case

Melvin Gray, San Angelo, for appellant.

George R. Killam, Jr., County Atty., Snyder, for the State.

Before the court en banc.

Rehearing En Banc Denied February 21, 1979.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for the misdemeanor offense of driving a motor vehicle upon a public highway while intoxicated. The jury assessed punishment at three days in the county jail and at a fine of $100. The jury recommended that the jail time be probated. The court thus placed the appellant on misdemeanor probation for six months and ordered the fine paid by...

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