Dubose v. State

Citations

• 13 Tex. Ct. App. 418
• 1883 Tex. Crim. App. LEXIS 25

Syllabus

<p>1. Murder—New Trial—Verdict in a murder ease, where the defendant is found guilty, must announce the degree in which he is found guilty. Failure to find such degree is cause for new trial.</p> <p>2. Practice—Former Jeopardy.—A defendant is not exempt from a second trial for the same offense when he has been granted a new trial upon his own motion, or where his motion in arrest of judgment, or application to vacate a judgment for other cause, prevails,</p> <p>3. Same—Case Stated.—A motion in arrest prevailed because the verdict of the jury failed to announce the degree of murder of which the defendant was found guilty. Upon his subsequent trial, the defendant interposed a plea setting up that the proceedings in the former trial operated as an acquittal. Exceptions to this plea of former acquittal were sustained by the trial court, and the plea was stricken out. Held, that the action of the court was correct.</p> <p>4. Same—Verdict.—The test as to the effect of an imperfect verdict, which has been received and recorded, is, if it sufficiently finds anything, whether for or against the defendant, it will be interpreted by the court,' and judgment be rendered, on the one side or the other, for what is thus found; otherwise, it will be treated as null, the judgment will be arrested, or be erroneous if rendered, and the defendant may be tried anew. Hence, where a verdict is clearly insufficient, as in this case on its former trial, it was a nullity, and it became the duty of the court to arrest the judgment thereupon; and the rule is the same, whether this was to be done upon the court’s own motion or that of the defendant.</p> <p>5. Same.—Where, in a murder trial, the verdict was insufficient, it could not operate as an acquittal of murder in the first degree.</p> <p>6. Same—Charge oe the Court—Accomplice Testimony.—In the absence of evidence tending to show the complicity of a State’s witness in • the commission of the offense, it was not error to refuse a charge wit