Fennell v. State
Court of Criminal Appeals of Texas
1Opinion of the Court
OPINION
DOUGLAS, Judge.
The conviction is for the felony offense of possession of a pistol by an ex-convict away from the premises upon which he lives as denounced by Article 489c, Vernon’s Ann.P.C.; the punishment was assessed at two years.
Appellant’s sole contention is that he was denied due process, because the jury was made aware of his prior felony conviction when the entire indictment was read before the finding of guilt.
The allegation of the felony conviction in the indictment was an essential element of the offense charged in the indictment and not for enhancement of an offense that…
2Cases cited2 opinions
- Spencer v. TexasSupreme Court of the United States · 1966
- Leal v. StateCourt of Criminal Appeals of Texas · 1969
3Cited by6 opinions
- Gant v. StateCourt of Criminal Appeals of Texas · 1980
- Oliva v. StateCourt of Criminal Appeals of Texas · 2018
- Bell v. StateCourt of Criminal Appeals of Texas · 1974
- Brian James Matew v. the State of Texas, Texas Court of Appeals, 13th District2022
- Brian James Matew v. the State of Texas, Texas Court of Appeals, 13th District2022
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