Johnson v. State

WOODLEY, Presiding Judge,

dissenting.

I do not agree that the trial court’s failure to adjudicate and determine whether any remission should be made, under the provisions of Art. 439 C.C.P., authorizes this court to effect a remission of a part of the amount of the judgment appealed from. Reference is made to my dissent in Ricard et al v. State, No. 33,297, this day decided.