Vance v. State

MORROW, Presiding Judge.

The offense is murder; penalty assessed at confinment in the penitentiary for a period of forty-five years.

A plea of guilty was entered. When, in the offense of murder such a plea is entered, the hearing of the evidence by the jury is for the purpose of determining the extent of the punishment to be assessed. See article 502, C. C. P., 1925; also Harwell v. State, 19 Texas App., 423; Burton v. State, 33 Texas Crim. Rep., 138, 25 S. W., 782; Coats v. State, 86 Texas Crim. Rep., 234, 215 S. W., 856. The matter of guilt of the offense is established by the plea, except in…