Opinion
No. 21016.
Delivered April 10, 1940.
1. — Appeal — Statement of Facts and Bills of Exception.
Where the record was before the Court of Criminal Appeals without a statement of facts or bills of exception, no question was presented for review.
2. — Burglary — Sentence Reformed — Indeterminate Sentence Law.
Where the trial court in passing sentence on defendant, on his conviction for burglary, failed to take note of the Indeterminate Sentence Law, the sentence would be reformed, in order to show that defendant was condemned to confinement in the penitentiary for not less than two nor more than five years, and, as reformed, judgment affirmed.
Appeal from District Court of Bowie County. Hon. N. L. Dalby, Judge.
Appeal from conviction for burglary; penalty, confinement in penitentiary for five years.
Conviction reformed, and, as reformed, affirmed.
The opinion states the case.
Charles W. Hackett, of Texarkana, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is burglary; the punishment, confinement in the penitentiary for five years.
The record is before us without a statement of facts or bills of exception. No question is presented for review.
In passing sentence, the court failed to take note of the Indeterminate Sentence Law. See Article 775, C. C. P. The sentence is reformed in order that it may be shown that appellant is condemned to confinement in the penitentiary for not less than two nor more than five years.
As reformed, the judgment is affirmed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.