Jackson v. State
Cases that cite this one
2 later published cases cite this decision.
- Chase v. State (Alaska 1971)
- Mitcham v. State (Tex. Crim. App. 1960)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The complaint and information charged the sale of vodka and wine in a dry area.
Trial was by jury and the judgment of conviction appealed from is upon the following verdict:
“We, the jury find the defendant: GUILTY of the offense as charged in the information and assess his penalty at $500.00 fine or/and six months confinement in the County Jail.”
The charge submitted to the jury the punishment provided for the offense charged, namely, a fine of not less than $100.00 nor more than $1,000.00, or by imprisonment in jail not to exceed one year, or by both such fine and imprisonment.
The verdict returned by the jury and received and ordered entered of record is insufficient to sustain the court’s judgment for the recovery of a fine of $500.00 and for the imprisonment of the defendant for six months. It is obvious that the verdict is uncertain as to what punishment the jury intended to assess. Allen v. State, 138 Texas Cr. Rep. 303, 136 S.W. 2d 232; Cobb v. State, 139 Texas Cr. Rep. 337, 139 S.W. 2d 272; James v. State, 139 Texas Crim. Rep. 208, 139 S.W. 2d 587.
The judgment is reversed and the cause remanded.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.