Cook v. State

OPINION

DALLY, Commissioner.

The conviction is for cattle theft; the punishment, ten years imprisonment.

A resume of the evidence is unnecessary to understand the appellant’s grounds of error.

The appellant’s first ground of error complains that the court erred in charging the jury at the guilt or innocence stage of the proceedings as to the penalty provided by law for the offense of cattle theft.

Since the 1967 amendment of Article 37.07, Vernon’s Ann.C.C.P., the court is not required to and should not instruct the jury on the penalty to be assessed in the charge submitted to the jury following…