Parker v. State

336 S.W.2d 431, 169 Tex. Crim. 583, 1960 Tex. Crim. App. LEXIS 3033

Opinions

BELCHER, Judge

Appellant entered a plea of guilty before the court without a jury to the offense of giving a check in the sum of $17 without sufficient funds, with intent to defraud; and the court assessed his punishment at ten days in jail and a fine of $25.

By his plea of guilty to the misdemeanor offense charged the appellant admitted the truth of all the material averments in the information and it was not necessary that the state introduce evidence showing his guilt. Art. 518, V.A.C.C.P.; Hunt v. State, 167 Tex. Cr. Rep. 51, 317 S.W. 2d 743; Cooper v. State, 167 Tex. Cr. Rep. 205, 319 S.W. 2d 704. However, the statement of facts shows that the state introduced sufficient evidence to establish appellant’s guilt.

For the above reasons, appellant’s contentions, that the evidence is insufficient to support the conviction and that there is a material variance between the pleadings and the proof are overruled and the judgment is affirmed.

Opinion approved by the Court.