Opinion

Blassingale v. State

  • 408 S.W.2d 115
  • 1966 Tex. Crim. App. LEXIS 923
Court
Court of Criminal Appeals of Texas
Filed
Oct 19, 1966
Status
Published
Author
Woodley
On the bench
Morrison, Woodley
Cited by
7 cases
Authority
More cited than 7.6%

The opinion

WOODLEY, Judge

(concurring).

I concur in the holding that the punishment assessed is within the statutory limits and is not excessive. I would point out, however, that the punishment assessed by the jury exceeds by 100 years what the majority held to be the maximum punishment under statutes providing a punishment of “any term of years not less than two” (Assault to Rape, Art. 1162 P.C.) or “any term not less than five years” (Burglary of Private Residence, Art. 1391). Brown v. State, 171 Tex.Cr.R. 167 , 346 S.W.2d 842 ; Joseph v. State, Tex.Cr.App., 367 S.W.2d 330 ; Madeley v. State, Tex.Cr.App., 388 S.W.2d 187 ; Sellars v. State, Tex.Cr.App., 401 S.W.2d 835 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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