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171 Tex. Crim. 272

347 S.W.2d 718

Arnold v. State

Court of Criminal Appeals of Texas · decided 1961-06-24

Relies on 102 Tex. Crim. 648 - Williams v. State · 48 Tex. Crim. 25 - Crow v. State · Ex parte Horn

Decided 1961-06-24

BELCHER, Judge.

¶1The conviction is for shoplifting; the punishment, $50 and 15 days in jail.

¶2The appellant and another were charged and tried jointly. In the same charge, the court submitted to the jury the question of the guilt of both parties. The single verdict of the jury found “… the defendant guilty as charged …."

¶3It is impossible to determine whether one or both of the parties were found guilty by the jury.

¶4The verdict is fatally defective and requires a reversal. Meyer v. State, 102 Tex. Cr. R. 615, 279 S.W. 460; Davidson v. State, 131 Tex. Cr. R. 215, 97 S.W. 2d 698; Hines v. State, 48 Tex. Cr. R. 24, 85 S.W. 1057; Grayson v. State, 152 Tex. Cr. R. 62, 211 S. W. 2d 749; 42 Tex. Jur. 468, Sec. 367.

¶5The judgment is reversed and the cause is remanded.

¶6Opinion approved by the Court.

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