Allen v. State

26 S.W.2d 919, 114 Tex. Crim. 575, 1930 Tex. Crim. App. LEXIS 245

Procedural entryThis page is a short order in Allen v. State. Read the opinion of the Court — 114 Tex. Crim. 79 →

Court of Criminal Appeals of Texas·Decided April 2, 1930·No. No. 12770.·Published

Opinion

LATTIMORE, Judge.

Conviction for murder; punishment, fifteen years in the penitentiary.

The indictment in this case failed to allege that the killing was upon malice aforethought. Punishment assessed was for more than five years. A conviction for a penalty greater than five years can not be sustained under such indictment. Swilley v. State, No. 12792, opinion December 11, 1929.

The judgment will be reversed and the cause remanded, and if the State desires to inflict a penalty greater than five years, the necessity for a new indictment is suggested.

Reversed and remanded.

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LATTIMORE, Judge.

Conviction for murder; punishment, fifteen years in the penitentiary.

The judgment will be reversed and the cause remanded, and if the State desires to inflict a penalty greater than five years, the necessity for a new indictment is suggested.

Reversed and remanded.

Allen v. State, 26 S.W.2d 919, 114 Tex. Crim. 575, 1930 Tex. Crim. App. LEXIS 245 (Tex. 1930).

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