Fowler v. State
Fowler v. State
9 Tex. Ct. App. 149
Fowler v. State
Opinion of the Court
Theft of property under the value of $20 may be punished by fine and imprisonment in the county jail, or by such imprisonment without fine, but it cannot be punished by fine alone. Penal Code, art. 736. A verdict in such a case assessing the punishment at a pecuniary fine is contrary to the law, and not capable of supporting a conviction.
This being the character of the verdict in this case, the judgment is reversed and the cause remanded.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.