Burks v. State
Court of Appeals of Texas
Appeal from the District Court of Taylor. Tried below before the Hon. T. H. Conner. The conviction in this case, supplemented by a term of three years in the penitentiary as punishment, was had under an indictment which charged that defendant, on the twenty-sixth day of August, 1887, in Taylor county, Texas, attempted to pass to one H. A. Hart a certain forged instrument in writing, which, as shown in the indictment, and afterward in evidence, reads as follows: “No. 5.…
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Appeal from the District Court of Taylor. Tried below before the Hon. T. H. Conner. The conviction in this case, supplemented by a term of three years in the penitentiary as punishment, was had under an indictment which charged that defendant, on the twenty-sixth day of August, 1887, in Taylor county, Texas, attempted to pass to one H. A. Hart a certain forged instrument in writing, which, as shown in the indictment, and afterward in evidence, reads as follows: “No. 5. “Ballinger, Texas, July 15, 1887. “First National Bank of Ballinger pay to John Burks or bearer the sum off forty-three 43…
1Opinion of the Court
Willson, Judge.
I. Defendant’s special plea of former conviction is in due form, and upon its face presents a valid bar to-the prosecution in this case. The trial judge properly, and under appropriate instructions, submitted the issue raised by said plea and the evidence adduced in support thereof to the jury, except that the jury were not instructed, as they should have been, that they must say in their verdict that the matters alleged in said plea were true or untrue. (Code Crim. Proc., art. 712.) It has been repeatedly held that where a special plea is submitted to the jury the verdict must…
2Cited by5 opinions
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