Turner v. State

Citations

• 17 Tex. Ct. App. 587
• 1885 Tex. Crim. App. LEXIS 36

Syllabus

<p>1. Bobbery—Penalty.— Charge of the Court, if erroneous as to the penalty affixed to the offense on trial, even though it be in favor of an accused, will set aside a conviction, whether excepted to or not. In the language of the statute now in force, robbery is punishable “ by confinement in the penitentiary for life, or for a term of not less than' five years.” The charge in this case informed the jury that the punishment was “ confinement in the penitentiary for a term not less than five years, or for life.” Held, a mere transposition of language, and not objectionable on that account.</p> <p>2. Same—Practice—Plea.— The record failing to show that, in entering his plea of guilty, the accused was “uninfluenced by any consideration of fear, or by any persuasion, or delusive hope of pardon, prompting him to confess his guilt,” or that evidence was introduced to enable the jury to assess the punishment, the conviction in this case cannot stand.</p>