Legal Opinion

Evers v. State

Court of Criminal Appeals of Texas

Decided June 22, 1893No. 257PublishedCited by 11 opinions

Appeal from the District Court of Bexar. Tried below before Hon. George H. Noonan. This appeal is from a judgment of conviction for murder of the second degree, defendant having pleaded guilty to that degree of murder, and in which the punishment was assessed at twenty-five years in the penitentiary. This is the third time this case had been appealed, and the facts will be found fully stated in the reports of the two former appeals. Ex Parte Evers, 29 Texas Cr.

Read the full summary

Appeal from the District Court of Bexar. Tried below before Hon. George H. Noonan. This appeal is from a judgment of conviction for murder of the second degree, defendant having pleaded guilty to that degree of murder, and in which the punishment was assessed at twenty-five years in the penitentiary. This is the third time this case had been appealed, and the facts will be found fully stated in the reports of the two former appeals. Ex Parte Evers, 29 Texas Cr. App., 539; Evers v. The State, 31 Texas Cr. Rep., 318.

1Opinion of the Court

DAVIDSON, Judge.

This conviction, which is for murder in the second degree, was had upon a plea of guilty made by the defendant.

The judgment fails to show that evidence was submitted, and it is affirmatively shown that none was introduced. Where a defendant pleads guilty in a felony case, and the punishment of the offense is not abso lutely fixed by law, and béyond the discretion of the jury to graduate in any manner, a jury shall be empanelled to assess the punishment, and evidence is required to be “ submitted to enable them to decide thereupon.” Code Crim. Proc., art. 519; Harwell v. The…

2Cited by11 opinions

  1. Ex Parte TaylorCourt of Criminal Appeals of Texas · 1975
  2. Alexander v. StateCourt of Criminal Appeals of Texas · 1956
  3. Taylor v. StateCourt of Criminal Appeals of Texas · 1918
  4. May v. StateCourt of Criminal Appeals of Texas · 1948
  5. Castoria v. StateCourt of Criminal Appeals of Texas · 1932

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API