Fowler v. State

Court of Appeals of Texas

Fowler v. State

9 Tex. Ct. App. 149

Court of Appeals of Texas·Decided July 1, 1880·Published

Opinion

Clark, J.

Theft of property under the value of $20 may be punished by fine and imprisonment in the county jail, or by such imprisonment without fine, but it cannot be punished by fine alone. Penal Code, art. 736. A verdict in such a case assessing the punishment at a pecuniary fine is contrary to the law, and not capable of supporting a conviction.

This being the character of the verdict in this case, the judgment is reversed and the cause remanded.

Reversed and remanded.

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Clark, J.

Theft of property under the value of $20 may be punished by fine and imprisonment in the county jail, or by such imprisonment without fine, but it cannot be punished by fine alone. Penal Code, art. 736. A verdict in such a case assessing the punishment at a pecuniary fine is contrary to the law, and not capable of supporting a conviction.

This being the character of the verdict in this case, the judgment is reversed and the cause remanded.

Reversed and remanded.

Fowler v. State, 9 Tex. Ct. App. 149 (Tex. Ct. App. 1880).

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