White v. State

ON MOTION FOR REHEARING.

WOODLEY, Judge.

*500Appellant voluntarily entered a plea of guilty before the court without a jury, as he had done on previous occasions.

Contrary to his expectations, his punishment was assessed at a fine of $500 and imprisonment in jail for one year.

Being charged with a misdemeanor, he had the right to a trial by jury. Const., Art. 1, Sec. 15; and Art. 10, C. C. P.

He also had the right to waive a jury and to have a trial before the court. See Art. 11, C. C. P.; Otto v. State, 87 S. W. 698.

Either such right existed whether the plea be guilty or not guilty.

He knew what he…