Davis v. State

Citations

• 42 Tex. 494

Syllabus

<p>Former conviction—Practice. It is proper to submit to the jury the plea of former conviction with the plea of not guilty, with instructions to first find upon the plea of former conviction, and proceed no further if the evidence sustains it. But if the jury fail to make a response to the issue submitted of former conviction, and find against the defendant on his plea of not guilty, it is error for which the case will he reversed, though not complained of in the court below, if it be apparent from an inspection of the record.</p>