Young v. State, 68165
Decision Date | 06 April 1983 |
Docket Number | No. 68165,68165 |
Citation | 648 S.W.2d 6 |
Parties | Herman Kenneth YOUNG v. The STATE of Texas, Appellee. |
Court | Texas Court of Criminal Appeals |
DALLY, Commissioner.
This is an appeal from a conviction for the offense of aggravated kidnapping; the punishment is imprisonment for 10 years.
The appellant contends the trial court erred in finding him guilty in reliance on a stipulation that did not meet the requirements of Article 1.15 V.A.C.C.P. This Court has consistently held that compliance with this statute is mandatory for a stipulation to be considered as evidence. Valdez v. State, 555 S.W.2d 463 (Tex.Cr.App.1977); Hughes v. State, 533 S.W.2d 824 (Tex.Cr.App.1976).
Article 1.15 V.A.C.C.P. provides:
"...
In this case the judge did not consent to and approve the stipulation by his signature. In similar circumstances, Ex parte Felton, 590 S.W.2d 471 (Tex.Cr.App.1979), it was said:
"... (P.472)
Article 1.15 V.A.C.C.P. provides: "Such waiver and consent...
To continue reading
Request your trial-
Messer v. State, 570-84
...(Tex.Cr.App.1986); Clark v. State, 657 S.W.2d 121 (Tex.Cr.App.1983); Ellard v. State, 650 S.W.2d 840 (Tex.Cr.App.1983); Young v. State, 648 S.W.2d 6 For example, in Clark, supra, the defendant was charged with possession of more than four ounces of marijuana. One officer testified in court ......
-
Ex parte Aaron, 69408
...as evidence. Clark v. State, 657 S.W.2d 121 (Tex.Cr.App.1983); Ellard v. State, 650 S.W.2d 840 (Tex.Cr.App.1983); Young v. State, 648 S.W.2d 6 (Tex.Cr.App.1983); Valdez v. State, 555 S.W.2d 463 (Tex.Cr.App.1977); Hughes v. State, 533 S.W.2d 824 (Tex.Cr.App.1976); Elder v. State, 462 S.W.2d ......
-
Humason v. State
...And Article 1.15, supra, is mandatory for a stipulation to be considered as evidence where the plea is before the court. Young v. State, 648 S.W.2d 6 (Tex.Cr.App.1983); Valdez v. State, 555 S.W.2d 463 (Tex.Cr.App.1977); Duran v. State, 552 S.W.2d 840, 843 (Tex.Cr.App.1977), and cases there ......
-
Ybarra v. State
...to sign the waiver and consent to stipulate evidence, the waiver and consent do not become a "writing of the court," Young v. State, 648 S.W.2d 6, 7 (Tex.Crim.App. 1983), and it is error for the trial court to admit the stipulation. Messer v. State, 729 S.W.2d 694, 700 (Tex.Crim.App.1987) (......