Miles v. State

Citations

• 3 Tex. Ct. App. 58

Syllabus

<p>1. Theft — Verdict.—In a trial for the theft of property, alleged by the indictment to be worth $24, the verdict was: “We, the jury, find the defendant guilty of felony, and assess the penalty at two years in the state penitentiary.” Held, that this verdict is not merely informal, but is insufficient in substance, because it fails to determine whether the accused was guilty of theft of property of the value of $20 or more, which was the primary issue to be affirmatively determined by the jury before they'could assess the penalty specified in the verdict.</p> <p>2. Same. — Such a verdict might have been corrected, with the consent of the jury, as provided by article 627 of the Code of Criminal Procedure; otherwise, the jury should have been sent back for further deliberation, as directed by the next article.</p> <p>3. Same.—It is not intended to impugn the position that, in a case admitting of degrees, if the verdict specially finds the accused guilty of a less degree than that charged in the indictment, and assesses a punishment appropriate to it, the verdict is tantamount to an acquittal of the higher degrees.</p>