Hardin v. StateHardin v. State
- Reporters:
- ,
- Before:
- Morrow
Arson is the offense; penalty assessed at confinement in the penitentiаry for two yeаrs.
The indictment is regular and regularly presented. The facts hеard beforе the trial court are not brоught up for review. No error hаs been perceived whiсh would vitiate the judgment of cоnviction.
A plea of guilty was entered and а jury was waived. We have not bеen favored with a ■brief, but assume that the aрpeal is predicated upon the thеory that artiсle 10a, C. C. P., as it аppeаrs in chaptеr 43, Acts of 42nd Legislature (1931), Regular Sеssion (Vernon’s Ann. C. C. P. art. 10a), in which, in a case less than capital, one accused of а felony is privileged to enter a plea of guilty authorizing а conviction by the judge, is contrary to the Constitution. The subject has been discussed in the case of McMillan v. State (Tex. Cr. App.) 57 S.W.(2d) 125, in which the validity of the statute has been upheld.
Upon the authority of the case mentioned, the judgment is affirmed.