McMillan v. State

MORROW, Presiding Judge.

The offense is the unlawful sale of intoxicating liquor; penalty assessed at confinement in the penitentiary for one year.

The appellant waived a jury and submitted his case to the court upon a plea of guilty.

In article 1, section 15, Constitution of Texas, it is said: “The right of trial by jury shall remain inviolate. The Legislature shall pass such laws as may be needed to regulate the same, and to maintain its purity and efficiency.”

Touching the application of the constitutional provision, the Legislature, in writing the Code of Criminal Procedure said: “No person…