Miller v. State

OPINION

DICE, Judge.

The conviction is for embezzlement; the punishment, six years.

Trial was before a jury, upon appellant’s plea of guilty.

Notice of appeal was given on April 27, 1966.

At the trial, the state first introduced evidence to show appellant’s guilt of the offense charged. At the conclusion of the testimony the jury was instructed by the court to retire and return a verdict finding appellant guilty but not to assess punishment at that time.

Following return of the jury’s verdict of guilty, appellant elected and requested that the same jury assess the punishment.

Thereupon, the state…