Sneed v. State

It is the duty of this Court to uphold the constitution, not to subvert it. Yet subversion is the goal of the majority opinion as it puts this Court’s seal of approval on lawlessness in the jury room.

In Pena v. State, 137 Tex.Cr.R. 311, 129 S.W.2d 667 (1939) the Court condemned prosecutorial jury argument regarding the parole law. The Court stated:.. the jury, in a felony case, is not authorized to resort to or apply either the indeterminate sentence law or the parole law.... The parole law is not to be applied by the trial court, but is to be exercised by the board of pardons exclusively.…