Bennett v. State

Appellant is charged by indictment with burglary. Upon a plea of guilty his punishment was assessed at confinement in the penitentiary for two years.

Evidence was introduced, part of which consisted of appellant’s confession. Notwithstanding the plea of guilty, a motion for new trial was filed, one ground of which was that the verdict and judgment were not supported by the evidence. Article 566, C. C. P. reads as follows:

“Where a defendant in a case of felony persists in pleading guilty, if the punishment of the offense is not absolutely fixed by law, and beyond the discretion of the jury to…