Kocich v. State

ON REHEARING.

March 21, 1923.

MORROW, Presiding Judge.

Touching the sufficiency of the indictment, we adhere to the announcement made in the original opinion.

We failed, however, to notice the attack upon the conviction upon the ground that no evidence was introduced. The statute upon the subject reads thus:

“Where a defendant in a case of felony persists in pleading guilty, if the punishment of the offense is not absolutely fixed by law, and beyond the discretion of the jury to graduate in any manner, a jury, shall be impaneled to assess the punishment, and evi clence submitted to enable them to…