Redfield v. State
Texas Supreme Court
Appeal from Bastrop. Tried below before the Hon. Thomas J. Devine. This was an indictment against John A. Redfield, for false imprisonment. It charged that the defendant “ on the first day of September, Anno Domini, one thousand eight hundred and fifty-seven, did wilfully detain one John C. Cunningham, against his consent, contrary to the form of the statute, and against the peace and dignity of the State.”
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Appeal from Bastrop. Tried below before the Hon. Thomas J. Devine. This was an indictment against John A. Redfield, for false imprisonment. It charged that the defendant “ on the first day of September, Anno Domini, one thousand eight hundred and fifty-seven, did wilfully detain one John C. Cunningham, against his consent, contrary to the form of the statute, and against the peace and dignity of the State.” On the trial, the court charged the jury, that if they believed the defendant guilty, as charged in the indictment, they should assess the punishment, “ at a fine not exceeding five…
1Opinion of the CourtRoberts, J.
There was error in the charge of the court, in requiring the jury, if they found the defendant guilty of false imprisonment, to inflict the punishment of both fine and imprisonment. The code leaves it discretionary with the jury, whether they will impose the imprisonment or not. (O. & W., Penal Code, Art. 513.) The small amount of the fine imposed, may suggest the inference that the jury would have inflicted the same punishment under a correct charge. Such an inference, however, is not a proper basis for the action of this court in such a case.
The court erred in refusing to arrest the…
2Cited by6 opinions
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- State v. WelchWest Virginia Supreme Court · 1911
- People v. LugoSupreme Court of Puerto Rico · 1941
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