Slaughter v. State
Cases that cite this one
5 later published cases cite this decision.
- Barry v. State (Tex. App. 1985)
- Ainsworth v. State (Tex. Crim. App. 1975)
- Slaughter v. State (Tex. Crim. App. 1969)
- Van Ostrand v. State (Tex. Crim. App. 1966)
- Hereford v. State (Tex. Crim. App. 1964)
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
On a former day of this term the judgment of conviction herein was affirmed and appellant’s first and second motions for rehearing were overruled.
Our attention has now been called to what appears to be a fatal defect in the jury’s verdict. Our prior opinions are therefore withdrawn and the following substituted.
*17 The third count of the indictment alleged the unlawful possession of ethyl morphine, a narcotic drug.
The verdict of the jury which the trial court received and upon which the judgment of conviction was based recites that the jury found appellant guilty and assessed his punishment “at confinement in the State Penitentiary for Five (5).”
The verdict assessed no definite punishment and for that reason is fatally defective. Cooper v. State, 136 Tex. Cr. R. 498, 126 S.W. 2d 974; McCarty v. State, 317 S.W. 2d 748; Bumpass v. State, 160 Tex. Cr. R. 423, 271 S.W 2d 953
The authorities cited are controlling and require that the conviction be set aside.
The order affirming the conviction is set aside and the judgment is now reversed and the cause remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.