From Casetext: Smarter Legal Research

Dacy v. State

Court of Criminal Appeals of Texas
Mar 5, 1952
246 S.W.2d 877 (Tex. Crim. App. 1952)

Summary

In Dacy v. State, 17 Ga. 439, 442, Justice Lumpkin, in deciding a misdemeanor case, stated: "Where time is of the essence of the offense, as in burglary and the like, the offense must be proved to have been committed in the nighttime, although the day on which the offense is charged to have been committed is immaterial.

Summary of this case from Head v. State

Opinion

No. 25740.

March 5, 1952.

Appeal from the County Court of Potter County, E. E. Jordan, J.

No attorney for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.


Appellant was found guilty of driving a motor vehicle while intoxicated and assessed a fine of $250.

The proceedings appear regular in every respect and nothing is presented for review by this court in the absence of bills of exception and a statement of facts.

The judgment of the trial court is af firmed.


Summaries of

Dacy v. State

Court of Criminal Appeals of Texas
Mar 5, 1952
246 S.W.2d 877 (Tex. Crim. App. 1952)

In Dacy v. State, 17 Ga. 439, 442, Justice Lumpkin, in deciding a misdemeanor case, stated: "Where time is of the essence of the offense, as in burglary and the like, the offense must be proved to have been committed in the nighttime, although the day on which the offense is charged to have been committed is immaterial.

Summary of this case from Head v. State
Case details for

Dacy v. State

Case Details

Full title:DACY v. STATE

Court:Court of Criminal Appeals of Texas

Date published: Mar 5, 1952

Citations

246 S.W.2d 877 (Tex. Crim. App. 1952)

Citing Cases

Head v. State

See Clark's Criminal Procedure, chapter 7, p. 239, to the same effect. While, as we have stated, our courts…

Caldwell v. State

The only cases bearing upon the subject are Fortson v. State, 125 Ga. 16 ( 53 S.E. 767), Carr v. State, 95…