Jones v. State

Citations

• 7 Tex. Ct. App. 338

Syllabus

<p>Theft—Penalty—Charge of the Court. — In a trial for a felony, it is the duty of the judge, whether asked or not, to charge the jury correctly on the penalty prescribed for the offence, as part of the law applicable to the case. It was error fatal to the conviction, in a case of hog-theft, to give as the penalty that which is prescribed for theft in general by arts. 785 and 736 of the Revised Penal Code, instead of that specially prescribed by art. 748, for theft of hogs, sheep, and goats; and the conviction cannot he sustained, though the punishment assessed is one which might lawfully have been assessed under a correct charge of the court.</p>