Isbell v. State

Citations

• 31 Tex. 138

Syllabus

<p>The 609th Article of the Code of Criminal Procedure reads as follows: “If the jury shall find any person guilty of murder, they shall also find by their verdict whether it is of the first or second degree; and if any person shall plead guilty to an indictment for murder, a jury shall be summoned to find of what degree of murder he is guilty, and, in either case, if they shall find the offense of murder to be of the second degree, they shall also find the punishment.” (Paschal’s Dig., Art. 2268.) Where the indictment was in the general form, charging the offense of murder, and the verdict was, “We the jury find the defendant guilty,” it was not a response to this article, and should have been set aside.</p>