Burgett v. Texas

Petitioner was convicted of “assault with malice aforethought with intent to murder; repetition of offense.” The jury fixed the punishment at 10 years in the Texas State Penitentiary.1 On appeal, the Texas Court of Criminal Appeals affirmed petitioner’s conviction.2 We granted certiorari, 386 U. S. 931.

*111Petitioner was charged in a five-count indictment. In the first count the State alleged that he had cut one Bradley with a knife and had stabbed at Bradley’s throat with intent to kill. Pursuant to the Texas recidivist statutes,3 the remaining counts of the indictment consisted of allegations…