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140 Tex. Crim. 209

Grounds v. State

Court of Criminal Appeals of Texas

Decided October 30, 1940

Court of Criminal Appeals of Texas · decided 1940-10-30

Relies on 91 Tex. Crim. 9 - Garcia v. State · 76 Tex. Crim. 126 - Harris v. State · 98 Tex. Crim. 661 - Bennett v. State

Decided 1940-10-30

GRAVES, Judge.

¶1Appellant was convicted of burglary, upon a plea of guilty, and was by the jury assessed a penalty of two years in the penitentiary.

¶2There are no bills of exception in the record, and the only complaint we find therein is relative to the sufficiency of the testimony to show appellant’s guilt beyond a reasonable doubt. This proposition might have given us concern, were.it not for the fact that after having received a proper warning, the appellant “persisted in pleading guilty.”

¶3The trial court was not vitally concerned with the quantum of proof herein; the main proposition presented to it was, not *210to determine appellant’s guilt, — he had confessed that in open court, — but such testimony was only for the purpose of enabling the jury to determine the amount of punishment, and the matter relative to a suspension of sentence, which was asked for herein.

¶4We quote from the case of Anderson v. State, 42 S. W. (2d) 1012: “Under the statute (articles 501, 502, C. C. P.) governing the entry of a plea of guilty, the entry of the plea, after due admonition, is conclusive of guilt, unless the evidence introduced upon the trial makes manifest the innocence of the accused. Harris v. State, 76 Tex. Cr. R. 126, 172 S. W. 975. Upon a plea of guilty, the hearing is, not to determine the guilt of the accused, but to enable the jury to assess the-punishment. Garcia v. State, 91 Tex. Cr. R. 9, 237 S. W. 279; Bennett v. State, 98 Tex. Cr. R. 661, 267 S. W. 987.”

¶5Also see Bunch v. State, 123 Tex. Cr. R. 546, 59 S. W. (2d) 394.

¶6The judgment is affirmed.

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