Bouldin v. State

Citations

• 8 Tex. Ct. App. 624

Syllabus

<p>1. Penalty — Charge of the Court.—.The penalty for the. offence must, in a trial for felony, be correctly given in the charge to the jury. If incorrectly given, the conviction must be set aside, notwithstanding the punishment assessed might lawfully have been assessed under a correct charge.</p> <p>2. Same — Burglary. —In a trial for a burglary committed before the Revised Penal Code took effect, the court below gave in charge to the jury the penalty prescribed by the Code, the maximum of which is greater than that prescribed by the law in force when the offence was committed. The jury assessed-a term in the penitentiary which is within the limits.of the punishment prescribed by either the original or the Revised Penal Code. Held, that, the penalty having been incorrectly given in the charge, the conviction must be set aside.</p>