Quitzow v. State

Citations

• 1 Tex. Ct. App. 47

Syllabus

<p>1. Pleading—Former Conviction.—The requisites of a plea of autrefois convict, under our statute, are that it shall appear from the plea that the defendant has before been convicted in a court of competent jurisdiction, upon the same accusation, after a trial upon the merits, for the same offense.</p> <p>2. Jury Trial.—The plea of autrefois convict is a plea of a mixed nature, consisting partly of matter of record and partly of matter of fact, and upon which an accused has a right of trial by jury.</p> <p>3. Theft.—The theft of several articles at one and the same time, and by one and the same act, constitutes but one indivisible crime, and a judgment of conviction or acquittal of the theft of one of the articles is a bar to a prosecution for the theft of the others; for, though the prosecutor has a right to carve out as large an offense as the transaction will admit of, still he can carve but once.</p>