Keeller v. State

Citations

• 4 Tex. Ct. App. 527

Syllabus

<p>1. Verdict.—In a trial for theft the jury found the accused guilty, and assessed his punishment “at two years in the state penty.” Held, that the verdict is defective.</p> <p>2. Judgment. — The judgment entry, after reciting the verdict, proceeds to sentence the accused, and then adjudges costs against him, concluding with a suspension of execution until the decision of the defendant’s appeal he known, but does not adjudge the defendant guilty of any offense. Held, that the judgment is defective.</p> <p>3. Theft—Evidence.—In a prosecution for theft, based on article 772 of the Penal Code (Pasc. Dig., art. 2423), which makes it theft fraudulently to embezzle and convert trust-money, etc., a conviction cannot be sustained when the proof tended merely to show that the money was an advanced payment on a contract which the accused wholly failed to perform.</p>