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Justice v. State

Court of Criminal Appeals of Texas
Dec 27, 1960
341 S.W.2d 431 (Tex. Crim. App. 1960)

Opinion

No. 32691.

December 27, 1960.

Appeal from the County Court at Law No. 2 of Lubbock County, Pat S. Moore, J.

No attorney on appeal for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


The offense is aggravated assault; the punishment, ten days in jail and a fine of $50.

A plea of guilty was entered before the court.

The punishment provided for aggravated assault fy Article 1148, Vernon's Ann.P.C., is a fine of not less tan $25 nor more than $1,000, or by imprisonment in jail for not less than one month nor more than two years, or both such fine and imprisonment.

Since the court saw fit to impose a jail term, it was incumbent upon such court to comply with the statute. In Rutherford v. State, 79 Tex.Crim. R., 187 S.W. 481, where the punishment was less than the minimum, this Court held that no court could assess a punishment that the law does not authorize. See also Simmons v. State, 156 Tex.Crim. R., 245 S.W.2d 254, and Malone v. State, Tex.Cr. App., 328 S.W.2d 310.

The judgment is reversed and the cause remanded.


Summaries of

Justice v. State

Court of Criminal Appeals of Texas
Dec 27, 1960
341 S.W.2d 431 (Tex. Crim. App. 1960)
Case details for

Justice v. State

Case Details

Full title:Jerry JUSTICE, Appellant, v. STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Dec 27, 1960

Citations

341 S.W.2d 431 (Tex. Crim. App. 1960)
170 Tex. Crim. 383

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