Franklin v. State

BEAUCHAMP, Judge.

Appellant plead guilty in the district court of Bell County to a charge of burglary and having waived a trial by jury, was assessed a penalty of three years in the penitentiary by the judge of the court.

The only evidence introduced in the case was the written confession of the appellant which he had previously made.

Article 10a of the Code of Criminal Procedure provides that a defendant in a criminal prosecution for a felony less than capital shall have the right upon pleading guilty to waive a trial by jury. It is conditioned, however, that he must make a personal appearance…