
    HAYES v. STATE.
    No. 19665.
    Court of Criminal Appeals of Texas.
    April 27, 1938.
    Bartlett & Bartlett and W. E. Rogers, all of Marlin, for appellant.
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   MORROW, Presiding Judge.

The conviction is for unlawfully driving an automobile upon the public highway while intoxicated; penalty assessed at confinement in the penitentiary for 12 months.

The verdict of the jury, in response to the* charge of the court, prohibits the appellant from driving an automobile upon the public highways of Texas for a period of 2 years. Such a verdict was formerly authorized 'by article 802a, Vernon’s Ann.P.C., but under th§ -present statute, chapter 466/ § 16, Acts of <the 44th Legislature, 2d Called Session, Vernon’s Ann.Civ.St. art. 6687a § 16, the appellant is automatically prohibited from driving a motor vehicle upon the . highways of Texas for a period of 6 months upon the first conviction. The record -is silent as to any previous convictions of the appellant for the offense in question. This court must therefore assume that the present instance is the first conviction of the offense charged. Under the circumstances, his license can only be suspended or revoked for a period of 6 months. See

Harris v. State, Tex.Cr.App., 109 S.W.2d 203, and cases cited in Schultz v. State, Tex.Cr.App., 115 S.W.2d 417, not yet reported [in State report].

Complaint is made .in several bills of exception of various matters, including the arguments of counsel for the State. However, in view of the disposition made of the case, we pretermit a discussion of these matters as they are'not likely to occur upon another trial.

The judgment is reversed, and the cause remanded.  