DocketNumber: 30168
Citation Numbers: 318 S.W.2d 653, 167 Tex. Crim. 96, 1958 Tex. Crim. App. LEXIS 3514
Judges: Belcher
Filed Date: 12/10/1958
Status: Precedential
Modified Date: 10/19/2024
Court of Criminal Appeals of Texas.
Harris, Reeves & Ball, Robert N. Reeves, Fort Worth, for appellants.
Jack Hardee, Dist. Atty., Mack Wallace, County Atty., Athens, and Leon B. Douglas, State's Atty., Austin, for the State.
BELCHER, Commissioner.
Appellants being jointly indicted waived their right of trial by jury and entered a plea of guilty before the court to the offense of robbery by assault; and the court assessed the punishment against Clinton Wayne Lambright at 40 years and against Billy Monroe Lambright at 99 years.
The testimony of Allie Mae Kirk, the owner and operator of a combined grocery store and service station; that of her daughter who was in the store at the time of the robbery, and that of Deputy Sheriff French who pursued and apprehended appellants immediately after the robbery and found coins and currency in their possession which corresponded to that taken from Allie Mae Kirk; together with their written statements introduced by the state without objection shows the commission of the offense here charged.
Appellants did not testify or offer any evidence in their behalf.
The evidence is sufficient to sustain the conviction.
Appellants' sole complaint is that the punishment assessed is excessive, cruel and unusual, hence it violates the provisions of art. 1, Sec. 13, of the Texas Constitution, Vernon's Ann.St.
The extent of the punishment to be assessed so long as it is within the statute rests solely with the judge or jury trying the case. The punishment assessed was within the limits authorized by law. Under the record there appears no error in the extent of the punishment assessed. 12 Tex. Jur. 802, Sec. 409; White v. State, 154 Tex. Crim. 497, 228 S.W.2d 183; Fuentes v. State, 163 Tex. Crim. 410, 292 S.W.2d 117.
No error appearing the judgment is affirmed.
Opinion approved by the Court.
White v. State , 154 Tex. Crim. 497 ( 1950 )
Young v. State , 170 Tex. Crim. 498 ( 1960 )
Lombardo v. State , 1974 Tex. Crim. App. LEXIS 1511 ( 1974 )
Andrew Duran v. State ( 2011 )
Bue v. State , 1963 Tex. Crim. App. LEXIS 942 ( 1963 )
Roberto Perez v. State ( 2019 )
Charles Bacy, Jr. v. State ( 1998 )
Trevino v. State , 1963 Tex. Crim. App. LEXIS 829 ( 1963 )
Duran v. State , 363 S.W.3d 719 ( 2012 )
Samuel v. State , 1972 Tex. Crim. App. LEXIS 2231 ( 1972 )
Darden v. State , 1968 Tex. Crim. App. LEXIS 1070 ( 1968 )