Hereford v. State

McDonald, judge.

The offense is murder; the punishment, ten (10) years confinement in the state penitentiary.

In view of our disposition of the case, a recitation of the facts is unnecessary.

Appellant contends that the trial court erred in interpreting the verdict of the jury which found appellant guilty “as charged in the indictment and assessed his punishment at confinement in the penitentiary for a period of ten (10)” to mean that the jury intended the punishment to be ten years in the penitentiary.

We had this identical question presented us in Slaughter v. State, 170 Tex.Cr.R. 16, 336…