Flynn v. State
Court of Appeals of Texas
Appeal from the County Court of Fort Bend. Tried below before the Hon. J. C. Williams, County Judge.
1Opinion of the CourtWhite, P. J.
Appellants were jointly prosecuted under an information for an aggravated assault. The verdict of the jury was, “ We, the jury, find the defendants guilty as charged in the information, and assess the punishment at $250 fine and six months’ imprisonment in the county jail.” Judgment was rendered against each defendant, and the punishment assessed by the jury imposed against each separately.
The verdict and judgment are erroneous. It seems well settled “ that, when several are joined in one indictment, a joint award of one fine against them all is erroneous ; for it ought to be several against…
2Cases cited6 opinions
- Broadwater v. DarneSupreme Court of Missouri · 1846
- State v. GaySupreme Court of Missouri · 1847
- Straugban v. StateSupreme Court of Arkansas · 1855
- Allen v. StateTexas Supreme Court · 1871
- Bennett v. StateTexas Supreme Court · 1867
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