Alcorta v. State
This text of 387 S.W.2d 409 (Alcorta v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appellant was convicted, upon his plea of nolo contendere and waiver of a trial by jury, of the offense of negligent homicide of the first degree and his punishment was assessed at thirty days in jail and a fine of $100.
Art. .1237, Vernon’s Ann.P.C., provides that the punishment for negligent homicide of the first degree shall be “by confinement in jail not exceeding one year, or by fine not exceeding one thousand dollars.”
The judgment fixing appellant’s punishment at both a fine and imprisonment is unauthorized and therefore void. Self v. State, 132 Tex.Cr.R. 234, 104 S.W.2d 16.
For such reason, the judgment is reversed and the cause is remanded.
Opinion approved by the Court.
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387 S.W.2d 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alcorta-v-state-texcrimapp-1965.