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Potter v. State

159 S.W. 846, 71 Tex. Crim. 209, 1913 Tex. Crim. App. LEXIS 405
CourtCourt of Criminal Appeals of Texas
DecidedJune 27, 1913
DocketNo. 2615.
StatusPublished
Cited by11 cases

This text of 159 S.W. 846 (Potter 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.

Bluebook
Potter v. State, 159 S.W. 846, 71 Tex. Crim. 209, 1913 Tex. Crim. App. LEXIS 405 (Tex. 1913).

Opinion

DAVIDSON, Presiding Judge.

This record is before us without a statement of facts or bill of exceptions. The question involved in the _ suspended sentence law was submitted to the jury. They failed or refused to recommend suspension of the sentence. It is claimed that the court should have, despite the failure of the jury to so find, exercised the power of suspending the sentence. "Under the authority of Roberts v. State, 70 Texas Crim. Rep., 297, decided at the present term of court, there was no error in this proceeding. The court is not authorized to suspend the sentence, except when the jury so find and recommend.

This judgment is, therefore, affirmed.

Affirmed.

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187 S.W.2d 400 (Court of Criminal Appeals of Texas, 1945)
Harper v. State
44 S.W.2d 1110 (Court of Criminal Appeals of Texas, 1932)
Bonds v. State
244 S.W. 382 (Court of Criminal Appeals of Texas, 1922)
Conatser v. State
170 S.W. 314 (Court of Criminal Appeals of Texas, 1914)
Walker v. State
169 S.W. 1156 (Court of Criminal Appeals of Texas, 1914)
Johnson v. State
169 S.W. 1151 (Court of Criminal Appeals of Texas, 1914)
Mills v. State
168 S.W. 88 (Court of Criminal Appeals of Texas, 1914)
Muldrew v. State
166 S.W. 156 (Court of Criminal Appeals of Texas, 1914)
Cook v. State
165 S.W. 573 (Court of Criminal Appeals of Texas, 1914)
Williamson v. State
163 S.W. 435 (Court of Criminal Appeals of Texas, 1914)
King v. State
162 S.W. 890 (Court of Criminal Appeals of Texas, 1914)

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Bluebook (online)
159 S.W. 846, 71 Tex. Crim. 209, 1913 Tex. Crim. App. LEXIS 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/potter-v-state-texcrimapp-1913.