Public-domain · open source
OpenJurist

3 Tex. Ct. App. 347

Peeler v. State

Court of Appeals of Texas

Decided July 1, 1877

Court of Appeals of Texas · decided 1877-07-01

Tried below before the Hon. D. M. Prendergast. The indictment was for theft of a horse. The jury found appellant guilty, and awarded him five years of the penitentiary.

Decided 1877-07-01

Ector, P. J.

¶1In this case we find nothing in the record showing that the defendant pleaded to the indictment, or, upon his refusal to do so, that the plea of not guilty was entered for him. By repeated decisions of this court such failure has been held fatal to the judgment.

¶2The judgment of the district court is, therefore, reversed and the cause remanded.

¶3Reversed and remanded. ■

/3/texctapp/347 · .json · Public domain