Wallace v. State

Decided July 1, 1881

Court of Appeals of Texas · decided 1881-07-01

Tried below before the Hon. T. L. Nugent. The indictment charged the appellant and one J. M. Saunders with the theft of personal property exceeding $20 in value. A severance being granted, the defendant pleaded guilty and Iris punishment was assessed by the jury at two years’ confinement in the penitentiary. Motion for new trial was made and overruled, and the case appealed.

Decided 1881-07-01

White, P. J.

¶1The record states that the defendant pleaded guilty, but fails to show that he had been admonished by the court as to the consequences of such plea, and that he was. sane and uninfluenced by any consideration of fear, by any persuasion or delusive hope of pardon prompting him to confess his guilt. Code Crim. Proc. arts. 534, 518 and 519; Saunders v. State, decided at the present term. Ante, p. 336.

¶2Because the plea upon which defendant was tried was insufficient in law, the judgment is reversed and the cause remanded.

¶3Reversed and remanded.