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452 S.W.2d 459

Adams v. State

Court of Criminal Appeals of Texas

Decided March 25, 1970

Court of Criminal Appeals of Texas · decided 1970-03-25

Relies on Dezelle v. State · Miller v. State

Decided 1970-03-25

¶1OPINION

MORRISON, Judge.

¶2The offense is sodomy; the punishment, 10 years.

¶3Upon a plea of guilty, carefully received by the trial court, the jury found appellant guilty and assessed his punishment.

¶4In appellant’s brief, he challenged the sufficiency of the evidence and the alleged failure of the state to prove venue.

¶5In Miller v. State, Tex.Cr.App., 412 S.W. 2d 650, this Court said:

“It is the established rule that a plea of guilty to a felony charge before a jury admits the existence of all facts necessary to establish guilt and, in such cases, the introduction of testimony by the state is for the jury’s benefit in fixing punishment. Burks v. State, 145 Tex.Cr.R. 15, 165 S.W.2d 460.”

¶6The judgment is affirmed.

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