Weir v. State

Court of Criminal Appeals of Texas

Weir v. State

122 S.W.2d 302, 135 Tex. Crim. 650, 1938 Tex. Crim. App. LEXIS 850

CourtCourt of Criminal Appeals of Texas

DecidedDecember 14, 1938

DocketNo. 20024.

StatusPublished

This text of 122 S.W.2d 302 (Weir 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

Weir v. State, 122 S.W.2d 302, 135 Tex. Crim. 650, 1938 Tex. Crim. App. LEXIS 850 (Tex. 1938).

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Opinion

Graves, Judge.

The appellant was convicted of perjury,, and his punishment assessed at two years’ confinement in the penitentiary.

The record is before us without statement of facts or bills of exception. The indictment appears regular, and all proceedings thereunder are proper.

It appears, however, that the trial was had on a plea of guilty before the trial court. The sentence, however, recites that the defendant was assessed a penalty of two years’ confinement in the penitentiary by the verdict of the jury. This portion of such sentence should be reformed to show that such penalty was assessed by the court, and after the sentence being thus reformed, this judgment is affirmed.

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Graves, Judge.

The appellant was convicted of perjury,, and his punishment assessed at two years’ confinement in the penitentiary.

The record is before us without statement of facts or bills of exception. The indictment appears regular, and all proceedings thereunder are proper.

It appears, however, that the trial was had on a plea of guilty before the trial court. The sentence, however, recites that the defendant was assessed a penalty of two years’ confinement in the penitentiary by the verdict of the jury. This portion of such sentence should be reformed to show that such penalty was assessed by the court, and after the sentence being thus reformed, this judgment is affirmed.

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Bluebook (online)

122 S.W.2d 302, 135 Tex. Crim. 650, 1938 Tex. Crim. App. LEXIS 850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weir-v-state-texcrimapp-1938.