Court of Criminal Appeals of Texas, 1926

Smith v. State

Smith v. State
Court of Criminal Appeals of Texas · Decided June 23, 1926 · Lattimore
287 S.W. 51 (South Western Reporter)

Smith v. State

070rehearing

On Motion for Rehearing.

Appellant insists that we should have sustained his motion in arrest of judgment in this case, based alone on the form of verdict. The jury, instead of writing out at length the word “assess” in that part of their verdict,where they said, “assess his punishment at confinement,” etc., merely used the letters “ass.” We think the complaint is without merit. The purpose and intention of the jury are perfectly manifest from the language used by them. The trial court properly overruled the motion in arrest of judgment.

The motion for rehearing will be overruled.

Opinion of the Court

LATTIMORE, J.

Conviction in criminal district court of Tarrant county of burglary; punishment, two years and six months in the penitentiary.

The record is before us without any statement of facts or bills of exception. The indictment correctly charges the offense, and the charge of the court is a correct presentation of the law.

No error appearing, the judgment will be affirmed.

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