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11 Tex. Ct. App. 280

Frosh v. State

Court of Appeals of Texas

Decided July 1, 1881

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

Tried below before the.Hon. I. B. McFarland. The charge was burglary with intent to steal, and a term of two years in the penitentiary was the punishment assessed by the jury.

Decided 1881-07-01

Hurt, J.

¶1The record shows that defendant pleaded guilty, and nothing further on the subject of his plea. This is not sufficient. It must appear from the record that defendant was admonished by the court as to the consequences of such a plea; that he was sane and uninfluenced by any considerations of fear, or by any persuasion or delusive hope of pardon prompting him to confess his guilt. A plea of guilty without these prerequisites is not legal, and consequently a judgment thereon is one rendered without plea, and is, of course, without authority in law.

¶2The plea upon which the judgment was rendered being insufficient in law, the judgment must be reversed and the cause remanded. Code Crim. Proc. arts. 534, 518 and 519; Saunders v. State, 10 Texas Ct. App. 336; Wallace v. State, 10 Texas Ct. App. 407.

¶3Reversed and remanded.

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