Opinion

White v. State

  • 167 Tex. Crim. 591
  • 321 S.W.2d 582
  • 1959 Tex. Crim. App. LEXIS 2760
Court
Court of Criminal Appeals of Texas
Filed
Feb 11, 1959
Status
Published
Author
Dice
On the bench
Dice
Cited by
3 cases
Authority
More cited than 77.6%

The opinion

DICE, Judge.

Upon a plea of guilty, before the court without a jury, appellant was convicted of unlawfully selling whiskey in a dry area and his punishment assessed at 60 days in jail and a fine of $200.

By motion for new trial appellant claims that he entered the plea of guilty because of certain promises and threats made to him by an agent of the Texas Liquor Control Board. In the motion appellant alleged that the agent led him to believe that he was a Federal officer and promised him that .if he would plead guilty he would receive as punishment a minimum fine of $100 and also threatened to take him to Abilene, Texas and file charges against him in Federal Court unless he entered the plea of guilty.

The motion was not sworn to or supported by the affidavit of appellant or any other person.

The unverified motion was insufficient as a pleading and the court’s action in overruling the same cannot be assigned as error. Williams v. State, 164 Texas Cr. Rep. 137 , 296 S.W. 2d 781 ; Dillon v. State, 165 Texas Cr. Rep. 217 , 305 S.W. 2d 956 , and Hunt v. State, 167 Texas Cr. Rep. 51 , 317 S.W. 2d 743 .

The judgment is affirmed.

Opinion approved by the Court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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