Texas Attorney General Opinion: O-3878 Page: 2 of 7
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1norable mer Garrison, Ir., Page t
said conviction when judgment has been de-
ferred, as prodded under Section 25 of
H. B. No. 20., in order to effect the eus-
pension of the driver's license."
The applicable statutory provisions are as follows:
Article 802, Penal Code, as amended by House Bill
No. 75 of the Forty-Seventh Legislature, Regular Sessions
"Any person who drives or operates an
automobile or any other motor vehicle upon
any public road or highway in this State, or
upon any street or alloy within the limits
of an incorporated city, town or.village,
while such.person is intoxicated or under the
influence of intoxicating liquor, shall be
guilty of a misdemeanor, and upon conviction,
shall be punished by confinement in the
County Jail for nbt less than ten (10) days
nor more than two (2) years, or by a fine
of not less than Tifty Dollare (50) nor
more than Five hatred Dollars (00), or by
both sueh fine and imprisonment."
Article 698, Code of Criminal Proedure, as amended
by Acts of 191, Forty-Second Legislature, Ch. 39, p. 591
"Art. 6981 Judgent on verdiot
wOn each verdict of aoquittal or convie-
tion, the proper judgment shall be entered
mediately. If acquitted the defendant shall
be at once discharged from all further liability
upon the charge for which he was tried; provided
. that, in misdemeanor oases where there is re,
turned a verdict, or a plea of guilty is enter-
ed and the punishment assessed is by fine only,
the Court may., on written request of the defend-
ant and for good cause shown, defer judgment
until some other day fixed by order of the
Court; but in no event shall the judgment be
deferred for a longer period of time than six
(6) months. On expiration of the time fied by
the order of the Court, the Court or Judge there-
of, shall enter judgment on the verdict or plea
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-3878, text, 1941; (texashistory.unt.edu/ark:/67531/metapth261117/m1/2/: accessed January 23, 2019), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.