Smith v. State

18 Tex. Ct. App. 329, 1885 Tex. Crim. App. LEXIS 102

Opinion

Willson, Judge.

Defendant’s special plea of former conviction was well pleaded, and the court submitted the issue thereon to the jury, but the verdict does not determine that issue. When a special plea is submitted to the jury the verdict must expressly determine whether such plea is true or untrue. (Code Crim. Proc., art. 712; Davis v. The State, 42 Texas, 494; Deaton v. The State, 44 Texas, 446; Brown v. The State, 7 Texas Ct. App., 619; McCampbell v. The State, 9 Texas Ct. App., 124; Pickens v. The State, 9 Texas Ct. App., 270; White v. The State, 9 Texas Ct. App., 390.)

Because of this error in the proceedings the judgment is reversed and the cause remanded.

Beversed and remanded.

[Opinion delivered June 3, 1885.]