Kemp v. State

WOODLEY, Judge.

Upon a plea of guilty before the court, a jury being waived, appellant was adjudged guilty of the offense of rape.

The judgment alone recites the punishment fixed by the court. It is as follows, . . that he be punished by confinement in the state penitentiary for a term of not less than Five (5) nor more than Ten (10) years.”

Such a judgment is indefinite and uncertain as to the punishment assessed and, there being no verdict, is void under the rule announced in Ex parte Traxler, 147 Tex. Cr. Rep. 661, 184 S.W. 2d 286; Edwards v. State, 153 Tex. Cr. Rep. 301, 219 S.W. 2d 1022; Ex…