Clemons v. State

This appeal was taken from a conviction for involuntary manslaughter. The jury’s verdict at the penalty stage of trial assessed punishpient in the Department of Corrections fqr “not more than ten years.”

On appeal the Waco Court of Appeals reversed the conviction because the jury’s verdict was indefinite, uncertain and vague as to the penalty assessed and was therefore void. The court cited Ex parte Traxler, 147 Tex.Cr.R. 661, 184 S.W.2d 286, 288 (1944); Villarreal v. State, 166 Tex.Cr.R. 616, 317 S.W.2d 531 (1958). See Clemons v. State, 671 S.W.2d 552 (Tex.App.—Waco—1983).

We granted the…