Court of Criminal Appeals of Texas, 1933

McMillan v. State

McMillan v. State
Court of Criminal Appeals of Texas · Decided February 8, 1933 · Morrow
57 S.W.2d 126; 122 Tex. Crim. 585; 1933 Tex. Crim. App. LEXIS 710 (South Western Reporter, Second Series)

McMillan v. State

Opinion of the Court

MORROW, Presiding Judge.

The unlawful sale of intoxicating liquor is the offense; penalty assessed at confinement in the penitentiary for one year.

No statement of facts accompanies the record. No brief has been filed. No errors have been perceived.

A plea of guilty was entered and a conviction by the court without a jury, which has been held permissible under chapter 43, Acts of 42nd Legislature (1931), Regular Session, by inserting article 10a, and amending articles 11 and 12, C. C. P., 1925, thereby legalizing a judgment in a felony case less than *586 capital rendered by the judge upon a plea of guilty. The subject has been discussed at length in the case of McMillan v. State, No. 15817, this day decided.

The judgment is affirmed.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.