Legal Opinion · Concurrence

Harrison v. State

Court of Criminal Appeals of Texas

Decided October 26, 1955No. 27,708Published

1ConcurrenceDavidson, Judge

In Brooks v. State, 161 Texas Cr. R. 73, 275 S.W. 2d 500, I had occasion to express my views relative to the necessity for a trial court to follow the jury’s verdict in entering judgment in a criminal case.

I adhere to the views expressed therein. I do not, however, agree that the verdict in the instant case was such as to come within the condemnation of the authorities cited by me in support of my views as stated in the Brooks case.

Here, the recommendation of the jury was that appellant “receive time off for good behavior.” The law (Art. 6166v, Vernon’s R.C.S.) gives time off for good…

2Cases cited1 opinion

  1. Brooks v. StateCourt of Criminal Appeals of Texas · 1955

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