Joseph v. State

(dissenting)-

Art. 693, C.C.P. provides that if the plea is not guilty, the jury must find that the defendant is either “guilty” or “not guilty”, “and they shall assess the punishment in all cases where the same is not absolutely fixed by lazv to some particular penalty.”

The appellant was found guilty of the offense of burglary of a private residence at night, the punishment for which is found in Art. 1391, P.C.: “One guilty of burglary of a private residence at night shall be confined in the penitentiary for any term not less than five years.”

The jury also found that the appellant had been…