Evers v. State

• Decision Date: 22 June 1893
• Citation: Evers v. State, 22 S.W. 1019, 32 Tex.Cr.R. 283 (Tex. Crim. App. 1893)
• Parties: EVERS v. STATE.
• Court: Texas Court of Criminal Appeals

22 S.W. 1019

EVERS v. STATE.

Court of Criminal Appeals of Texas.

June 22, 1893.

Appeal from district court, Bexar county; George H. Noonan, Judge.

Louis Evers was convicted of murder in the second degree, and appeals. Reversed.

R. L. Henry, Asst. Atty. Gen., for the State.

DAVIDSON, J.

This conviction, which is for murder in the second degree, was had upon a plea of guilty made by the defendant. The judgment fails to show that evidence was submitted, and it is affirmatively shown that none was introduced. Where a defendant pleads guilty in a felony case, and the punishment of the offense is not absolutely fixed by law, and beyond the discretion of the jury to graduate in any manner, a jury shall be impaneled to assess the punishment, and evidence is required to be "submitted to enable them to decide thereupon." Code Crim. Proc. art. 519: Harwell v. State, 19 Tex. App. 423; Willson's Crim. St. §§ 2113, 2114. The record does not show that at or prior to entering his plea of guilty the defendant was "admonished by the court of the consequences," as required by the statute; nor does it appear that he was sane, and "uninfluenced by any considerations of fear, or by any persuasion, or delusive hope of pardon, prompting him to confess his guilt." Code Crim. Proc. art. 518; Willson's Crim. St. §§ 2111, 2112; Saunders v. State, 10 Tex. App. 336; Wallace v. State, Id. 407; Sanders v. State, 18 Tex. App....