Robinson v. State

Citations

• 23 Tex. Ct. App. 315
• 4 S.W. 904
• 1887 Tex. Crim. App. LEXIS 75

Syllabus

<p>1. Practice&emdash;Verdict.&emdash;The trial courts of this State have the power to reject an informal or illegal verdict, and such a verdict can not be held to operate as an acquittal unless the intention of the jury to acquit is apparent. Likewise, informal verdicts may be amended under the direction of the court.</p> <p>2. Same&emdash;New Trial.&emdash;The award of a new trial because of an informal or illegal verdict places the case in the same condition as if no trial had been had.</p> <p>3. Jeopardy&emdash;Former Acquittal.&emdash;Neither jeopardy nor former acquittal are such pleas as can be interposed by £. defendant at a subsequent trial upon a showing that his conviction on his former trial was set aside by the trial court because of an illegal verdict.</p> <p>4. Same.&emdash;The failure of the jury to pass upon the pleas of jeopardy and former acquittal in the absence of any supporting proof, can not operate to the prejudice of an accused, and, therefore, becomes immaterial.</p>