Opinion
No. 16692.
Delivered April 18, 1934. Rehearing Denied May 9, 1934.
Sentence Reformed.
Sentence to not less than three nor more than three years upon conviction for making false entry in books of bank, held improper under Indeterminate Sentence Law, and reformed so as to direct defendant's confinement in the penitentiary for not less than two nor more than three years.
Appeal from the District Court of Cass County. Tried below before the Hon. R. H. Harvey, Judge.
Appeal from conviction for making false entry in the books of a bank; penalty, confinement in the penitentiary for three years.
Sentence reformed and, as reformed, affirmed.
The opinion states the case.
C. R. Newland, of Linden, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction for false entry in the books of a bank; punishment, three years in the penitentiary.
There are no facts in the record. All matters of procedure appear regular, save that in entering sentence no notice was taken of our law regarding indeterminate sentences. Appellant was sentenced to confinement in the penitentiary for not less than three nor more than three years. The lowest penalty for the offense is two years. The sentence will be reformed so as to direct appellant's confinement in the penitentiary for not less than two nor more than three years. As reformed, the judgment will be affirmed.
Affirmed.
ON MOTION FOR REHEARING.
The offense charged is controlled by the same statutes and legal principles as Knowles v. State, No. 16,694, to which case reference is here made.
The motion for rehearing is overruled.
Overruled.