Legal Opinion

Fowler v. State

Court of Criminal Appeals of Texas

Decided June 7, 1950No. 24808PublishedCited by 4 opinions

1Opinion of the Court

GRAVES, Judge.

Appellant was convicted of a violation of the liquor laws in Lubbock County and fined the sum of $500.00, and he appeals.

It appears from the record that appellant entered no plea to the information and none was entered for him. A plea is a requisite for a proper trial. Art. 518, Vernon’s Ann. C.C.P.; Branch’s Criminal Law, p. 430, sec. 676; Thompson v. State, 46 Tex. Cr. R. 412, 80 S.W. 623. Such failure can be raised after the trial by a bill of exception. Webb v. State, 55 S.W. 493. We find this matter shown in Bills of Exception Nos. 2, 3 and 4.

We also think the trial court…

2Cases cited1 opinion

  1. Thompson v. StateCourt of Criminal Appeals of Texas · 1904

3Cited by4 opinions

  1. Hamilton v. AlabamaSupreme Court of the United States · 1961
  2. Lumsden v. StateCourt of Criminal Appeals of Texas · 1964
  3. Seale v. StateCourt of Criminal Appeals of Texas · 1953
  4. Seale v. StateCourt of Criminal Appeals of Texas · 1953

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