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DRAKE v. STATE

No. 148-84.

686 S.W.2d 935 (1985)

Anthony Chris DRAKE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

February 27, 1985.

Attorney(s) appearing for the Case

Bruce L. Roberts, Waco, for appellant.

Vic Feazell, Dist. Atty., Dennis Green, Robert Pandak and Kenneth R. Bennett, Asst. Dist. Attys., Waco, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION OF APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

In the criminal law jurisprudence of this State a first principle is that in every criminal action tried before a jury the verdict must be "general," and if the plea is not guilty the jury must find that the accused is either guilty or not guilty; regardless of allegations in a charging instrument, a consequence of a general verdict of "guilty" is a judgment of conviction of but one...

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