Yeager v. State

OPINION

MORRISON, Judge.

The offense is murder with malice; the punishment, five hundred (500) years.

Appellant’s sole ground of error is that his punishment is cruel and unusual within the meaning of the Eighth Amendment of the Constitution of the United States and Article 1, Sec. 13, of the Constitution of Texas, Vernon’s Ann.St. Specifically, he contends that Art. 1257, Vernon’s Ann.P.C., provides for cruel and unusual punishment since it sets no limit on the number of years a jury may assess and conceivably permit sentences of “one million” or more years. Alternatively, he suggests that the…