Bailey v. State

Court of Criminal Appeals of Texas

Decided November 28, 1973

Court of Criminal Appeals of Texas · decided 1973-11-28

Cited by 1 later decisions — most recently January 1976

1 state decisions

Relies on Ex Parte Harris · Ex parte Taylor · Ex parte Jackson

Good law ✅— No negative treatment on recordhow we know

Decided 1973-11-28

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¶1OPINION

JACKSON, Commissioner.

¶2The conviction was for robbery by firearms ; the punishment by the jury, life.

¶3Since the conviction was for robbery by firearms, and the punishment of life is not authorized by Art. 1408, Vernon’s Ann.P. C., the conviction must be reversed and remanded. Ex parte Jackson, Tex.Cr.App., *634490 S.W.2d 586; Ex parte Taylor, Tex. Cr.App., 462 S.W.2d 41. See also Ex parte Harris, Tex.Cr.App., 495 S.W.2d 231.

¶4Appellant is ordered released from confinement by the Department of Corrections and ordered delivered to the sheriff of Bowie County to answer the indictments there pending against him.

¶5The judgment is reversed and the cause remanded.

¶6Opinion approved by the Court.