Barnett v. State
| Decision Date | 14 October 1914 |
| Docket Number | (No. 3212.) |
| Parties | BARNETT v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Special District Court, Grayson County; W. J. Mathis, Judge.
J. H. Barnett was convicted of selling liquor in prohibition territory, and he appeals. Affirmed.
C. E. Lane, Asst. Atty. Gen., for the State.
Appellant was indicted for selling liquor in prohibition territory, and upon trial the jury returned the following verdict:
The question arises, Is a jury authorized to recommend a suspension of the sentence when no application has been made by the person on trial? We think not. The law is plain. Before a sentence can be suspended, "application therefor must be made in writing, sworn to and filed before the trial begins." Section 1, c. 7, Acts 33d Leg. As no application was filed until after verdict, the court properly ignored that portion of the verdict of the jury and correctly passed sentence on the appellant. In the absence of an application voluntarily made by the appellant, filed before the trial begins, the jury and the court are without authority to suspend the sentence. A strict compliance with the terms of this act of the Legislature is required before one is entitled to the benefits of its terms. Had the appellant filed an application for suspension of sentence, the state would then have been permitted to introduce testimony on that issue, but it was not entitled to do so until the plea had been filed. The form of indictment in this case has been frequently approved by this court, and the court did not err in refusing to arrest the judgment.
There are no bills of exception in the record, and no exception was taken to the charge of the court before verdict was rendered, consequently those grounds in the motion for new trial complaining of the court's charge cannot be considered by us.
The judgment is affirmed.
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Champion v. State
...a suspended sentence and then enter a judgment which ignores such recommendation. It should be understood that Barnett v. State, 74 Tex. Cr. R. 619, 170 S. W. 143; Whitley v. State, 103 Tex. Cr. R. 413, 281 S. W. 544; Hemby v. State, 105 Tex. Cr. R. 126, 286 S. W. 1099; Bessett v. State, su......
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Bessett v. State
...in effect his duty to ignore the recommendation for a suspended sentence unless such plea had been filed before the trial began. Barnett v. State, 170 S. W. 143; Speer v. State, 171 S. W. 201; Roberts v. State, 71 Tex. Cr. R. 77, 158 S. W. The latter part of the verdict, recommending the su......
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Castro v. State, 14671.
...a suspended sentence and then enter a judgment which ignores such recommendation. It should be understood that Barnett v. State, 74 Tex. Cr. R. 619, 170 S. W. 143; Whitley v. State, 103 Tex. Cr. R. 413, 281 S. W. 544; Hemby v. State, 105 Tex. Cr. R. 126, 286 S. W. 1099; Bessett v. State, su......
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McCoy v. State
...such a recommendation. That such was not the holding of this court at an earlier date is borne out by the cases of Barnett v. State, 64 Tex.Cr.R. 619, 170 S.W. 143; Speer v. State, 75 Tex.Cr.R. 348, 171 S.W. 201, and Bessett v. State, 78 Tex. Cr.R. 110, 180 S.W. 249, but these cases have in......