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9 Tex. Ct. App. 149

Fowler v. State

Court of Appeals of Texas

Decided July 1, 1880

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

<p>Appeal from the County Court of Milam. Tried below before the Hon. R. J. Boykin, County Judge.</p>

Cited by 2 later decisions — most recently August 2001

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1880-07-01

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Clark, J.

¶1Theft of property under the value of $20 may be punished by fine and imprisonment in the county jail, or by such imprisonment without fine, but it cannot be punished by fine alone. Penal Code, art. 736. A verdict in such a case assessing the punishment at a pecuniary fine is contrary to the law, and not capable of supporting a conviction.

¶2This being the character of the verdict in this case, the judgment is reversed and the cause remanded.

¶3Reversed and remanded.

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