Public-domain · open source
OpenJurist

8 Tex. Ct. App. 619

Melton v. State

Court of Appeals of Texas

Decided July 1, 1880

Court of Appeals of Texas · decided 1880-07-01

Tried below before the Hon. J. Hiner, County Judge. The information and trial were for assault and battery. A jury was waived, and the cause submitted to the judge on the facts as well as the law. He found the appellant guilty, and assessed against him a fine of $50.

Decided 1880-07-01

White, P. J.

¶1The record in this case fails to show that defendant pleaded to the information upon which he was tried and convicted, As was said in White v. The State, 7 Texas Ct. App. 374: “ If there was in fact no plea, then there was no issue for the jury to try or the court to determine ; if there was a plea, then the record must show it affirmatively, or the case will be reversed on appeal until it *620is shown.” There is no difference in the rule whether the case is tried by a jury, or, as in this case, by the court without the intervention of a jury. The plea must be made to appear.

¶2The judgment is reversed and the cause remanded.

¶3Reversed and remanded.

/8/texctapp/619 · .json · Public domain