Warren v. State

Court of Appeals of Texas

Warren v. State

13 Tex. Ct. App. 348, 1883 Tex. Crim. App. LEXIS 10

Procedural entryThis page is a short order in Warren v. State. Read the opinion of the Court — 9 Tex. Ct. App. 619 →

Court of Appeals of Texas·Decided January 20, 1883·No. No. 1443·Published

Opinion

White, P. J.

As the record fails to show that on the trial below the defendant pleaded, or that a plea to the charge in the indictment was interposed for him, the judgment must be reversed. This rule requiring a plea is founded in reason as well as law, and has been iterated and reiterated until it is matter of surprise that at this day its necessity should ever become a matter for adjudication in courts of last resort. Such error is fundamental, for without a plea there was no issue to be tried and determined.

The judgment is reversed and the cause remanded.

Reversed and remanded.

Opinion delivered January 20, 1883.

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White, P. J.

As the record fails to show that on the trial below the defendant pleaded, or that a plea to the charge in the indictment was interposed for him, the judgment must be reversed. This rule requiring a plea is founded in reason as well as law, and has been iterated and reiterated until it is matter of surprise that at this day its necessity should ever become a matter for adjudication in courts of last resort. Such error is fundamental, for without a plea there was no issue to be tried and determined.

The judgment is reversed and the cause remanded.

Reversed and remanded.

Opinion delivered January 20, 1883.

Warren v. State, 13 Tex. Ct. App. 348, 1883 Tex. Crim. App. LEXIS 10 (Tex. Ct. App. 1883).

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