Smith v. State
Court of Appeals of Texas
Appeal from the Oounty Court of Robertson. Tried below before the Hon. John E. Crawiord, County Judge. This appeal is from a conviction for a simple assault, for which a line of $40 was imposed on the appellant.
1Opinion of the Court
Willson, Judge.
Defendant’s special plea of former conviction was well pleaded, and the court submitted the issue thereon to the jury, but the verdict does not determine that issue. When a special plea is submitted to the jury the verdict must expressly determine whether such plea is true or untrue. (Code Crim. Proc., art. 712; Davis v. The State, 42 Texas, 494; Deaton v. The State, 44 Texas, 446; Brown v. The State, 7 Texas Ct. App., 619; McCampbell v. The State, 9 Texas Ct. App., 124; Pickens v. The State, 9 Texas Ct. App., 270; White v. The State, 9 Texas Ct. App., 390.)
Because of this…
2Cases cited2 opinions
- Deaton v. StateTexas Supreme Court · 1876
- Davis v. StateTexas Supreme Court · 1874