Spicer v. State

HAWKINS, Judge.

Conviction is for burglary, punishment being two years in the penitentiary.

Appellant and Carl Sims were separately indicted, but by agreement were jointly tried. Each party appealed and brought his case here by separate record. The case of Sims v. State, 119 Texas Crim. Rep., 83, 45 S. W. (2d) 579, was reversed in an opinion delivered on January 20, 1932.

The cases of both appellant and Sims were submitted in a joint charge and the verdict returned was in the following language: “We, the jury, *88find the defendants guilty as charged in the indictment and assess their punishment at…