McCallan v. State

MARTIN, Judge.

— Appellant was charged in the county court of Lubbock County with misdemeanor theft.

The judgment of conviction reads as follows: “10/2/28. Trial by Jury, Verdict of Guilty, 30 days in jail and $100.00 fine. J. H. Rhea, Foreman.”

Arts. 783 and 784, C. C. P. (1925), read as follows:

Art. 783: “When the defendant is only fined the judgment shall be that the State of Texas recover of the defendant the amount of such fine and all costs of the prosecution, and that the defendant, if present, be committed to jail until such fine and costs are paid; or if the defendant be not present,…