# Blassingale v. State

> Court of Criminal Appeals of Texas · October 19, 1966 · 408 S.W.2d 115

URL: https://www.frixlaw.com/law-library/cases/9654597

## Case

- **Full name:** Issiac BLASSINGALE, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** October 19, 1966
- **Citations:** 408 S.W.2d 115; 1966 Tex. Crim. App. LEXIS 923
- **Precedential status:** Published
- **Opinion:** Concurrence by Woodley
- **Judges:** Morrison, Woodley
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9654597

## Opinion text

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 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9654597. Public record. Not legal advice.