Kerry andrus Crocker v. State Texas

On May 2, 1974, appellant was charged by indictment with five offenses under the former penal code. The State alleged that on or about August 28, 1972, appellant assaulted with the intent to murder Michael Kirk Crocker, that he deprived Michael Kirk Crocker of one of his testicles, that he disfigured Michael Kirk Crocker, that he assaulted with the intent to maim Michael Kirk Crocker, and that he intentionally caused injury to a minor, Michael Kirk Crocker. The trial commenced on April 2, 1975, and concluded on April 17. At the close of the testimony, the State elected to proceed on the castration and disfiguring counts only. These counts were submitted to the jury in the alternative in the courts charge. The jury found appellant guilty of castration under Article 1168, V.A.P.C. (1925). After appellant elected to be punished under the pertinent provisions of the current penal code, the jury assessed his punishment at ten years confinement in prison and a five thousand dollar fine, and he appeals. We affirm.