Griffin v. State (114 S.W.2d 905, 1938)

GRAVES, Judge.

The appellant was convicted of driving an automobile upon a public highway while intoxicated, and fined $150 and sentenced to serve fifteen days in the county jail, and his right to operate an automobile on the public highways was suspended for two years.

We have heretofore held in Harris v. State, Tex.Cr.App., 109 S.W.2d 201, that article 802a, P.C., has been repealed by chapter 466, Acts of the 44th Leg. 1935, 2d Called Sess., Vernon’s Ann.Civ.St. art. 6687a, § 1, et seq.

In this cause we find that the jury in their verdict, in addition to the fine and imprisonment above mentioned, further found: “We, the jury, further find that the defendant should be denied the right to drive and operate an automobile or motor vehicle upon the public streets or highways of this State for two years.”

Under art. 6687a, § 16, Vernon’s Ann.Civ. St., it is provided: “(b) The revocation or suspension above provided shall in the first instance be for a period of six (6) months. In event any license shall be revoked or suspended under the provision of this Section for a second time, said second revocation or suspension shall be for a period of one additional year.”

There is nothing in the record to show that this was not appellant’s first offense, and therefore under the statute a conviction therefor would automatically suspend his right to drive an automobile on the public highways for a period of six months. Under the authority of Harris v. State, Tex. Cr.App., 109 S.W.2d 201; Harris v. State, Tex.Cr.App., 109 S.W.2d 203, and Frank Morris v. State, Tex.Cr.App., 112 S.W.2d 193, not yet reported [in State Report], this judgment will be reversed and the cause remanded.