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26 Tex. Ct. App. 83

Cunningham v. State

Court of Appeals of Texas

Decided June 30, 1888

Court of Appeals of Texas · decided 1888-06-30

<p>Appeal from the District Court of San Saba. Tried below before the Hon. A. W. Moursund.</p> <p>The opinion sufficiently discloses the case.</p>

Decided 1888-06-30

Hurt, Judge.

¶1At a former day of the term this judgment was affirmed without a written opinion, the only points considered being the sufficiency of the indictment, the correctness of the charge, and the evidence.

¶2The motion urges, for the first time, that the verdict and judgment are illegal, and the point is well taken.

¶3Two defendants were jointly indicted and tried. The verdict was: “We, the jury, find the defendants guilty as charged, and assess the fine at one hundred dollars.” The judgment on this verdict adjudges a joint fine. The law does not authorize such a judgment, and the verdict would not support a legal judgment. (Flynn et al. v. The State, 8 Texas Ct. App., 398; Matlock v. The State, 25 Texas Ct. App., 715.)

¶4The judgment is reversed and the cause remanded.

¶5Reversed and remanded.

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