Public-domain · open source
OpenJurist

162 Tex. Crim. 301

Harrison v. State

Court of Criminal Appeals of Texas

Decided October 26, 1955

Court of Criminal Appeals of Texas · decided 1955-10-26

Cited by 1 later decisions — most recently October 1985

1 state decisions

Relies on Brooks v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1955-10-26

View the full empirical analysis of this case →

DAVIDSON, Judge

¶1(concurring).

¶2In Brooks v. State, 161 Texas Cr. R. 73, 275 S.W. 2d 500, I had occasion to express my views relative to the necessity for a trial court to follow the jury’s verdict in entering judgment in a criminal case.

¶3I adhere to the views expressed therein. I do not, however, agree that the verdict in the instant case was such as to come within the condemnation of the authorities cited by me in support of my views as stated in the Brooks case.

¶4Here, the recommendation of the jury was that appellant “receive time off for good behavior.” The law (Art. 6166v, Vernon’s R.C.S.) gives time off for good behavior to every convict. This the trial court had nothing to do with and could neither extend nor deny to appellant.

¶5Hence, under the law, appellant has the benefit of the recommendation the jury made.

¶6I concur in the affirmance of this case.

/162/texcrim/301 · .json · Public domain