Connally v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Reeves. Tried below before the Honorable Chas. Gibbs. Appeal from a conviction of a fraudulent disposition of mortgaged property; penalty, two years imprisonment in the penitentiary. On question of written charge: Carr v. State, 5 Texas Crim. App., 153; McClain v. State, 30 id., -482, and cases cited in opinion. On question of insufficient indictment: Wallace et al. v. Bagley et al. 26 S. W. Rep., 519. Cited cases in opinion.
1Opinion of the Court
MORROW, Presiding Judge.
Conviction is for the fraudulent disposition of mortgaged property; punishment fixed at confinement in the penitentiary for a period of two years.
A plea of guilty was entered. No written charge was given the jury. The offense was punishable by confinement in the penitentiary for not less than two nor more than five years. A written charge to the jury is made-essential in all felony cases. Code of Crim. Proc., Art. 735, 737a, and 740. The error in failing to comply is fundamental. Williams v. State, 18 Texas Crim. App., 409; West v. State, 2 Texas Crim. App., 209;…
2Cases cited1 opinion
- Doans v. StateCourt of Criminal Appeals of Texas · 1896
3Cited by4 opinions
- Black v. StateCourt of Appeals of Texas · 1987
- Conde v. StateCourt of Criminal Appeals of Texas · 1934
- Cowley v. StateCourt of Criminal Appeals of Texas · 1942
- Phillips v. StateCourt of Criminal Appeals of Texas · 1925