Opinion
No. 21398.
Delivered January 29, 1941.
1. — Record — Practice on Appeal.
Where the record was before the Court of Criminal Appeals without statement of facts or bills of exception, nothing of a procedural nature was before the court for review.
2. — Sentence Reformed — Indeterminate Sentence Law.
Where defendant was convicted of assault with intent to murder with malice aforethought, and the trial court, in pronouncing sentence, assessed punishment at four years in the penitentiary and failed to give effect to the indeterminate sentence law, the sentence would be reformed, so as to require confinement in the penitentiary for not less than two years nor more than four years.
Appeal from District Court of Rusk County. Hon. Paul G. Brown, Judge.
Appeal from conviction for assault with intent to murder with malice aforethought; penalty, confinement in penitentiary for four years. Sentence reformed, and as reformed, judgment affirmed.
The opinion states the case.
T. J. Wright and James E. Faulkner, both of Henderson, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction is for assault with intent to murder, with malice aforethought, and punishment was assessed at four years in the penitentiary.
The record is before this court without statement of facts of bills of exception. In such condition nothing of a procedural nature is before this court for review. It is obvious, however, that in pronouncing sentence the Court failed to give effect to the indeterminate sentence law, and the sentence is reformed condemning appellant to confinement in the penitentiary for not less than two years nor more than four years.
As reformed, the judgment is affirmed.