Opinion
No. 24208.
January 12, 1949.
1. — Suspended Sentence — Refusal — Jury's Province.
Jury had the right to refuse to recommend a suspended sentence in burglary case even though the appellant admitted his guilt both in a written confession and as a witness on his trial.
2. — Judgment Affirmed. — No Bills of Exception — No Reversible Error.
Where there were no bills of exception in the record and no reversible error appearing, the judgment will be affirmed.
Burglary. Appeal from District Court of Maverick County; penalty, confinement in the penitentiary for two years.
Hon. Roger Thurmond, Judge Presiding.
Affirmed.
No attorney of record on appeal for appellant.
Ernest S. Goens, State's Attorney, of Austin, for the State.
The offense is burglary; the punishment, two years in the penitentiary.
No bills of exception accompany the record.
That someone burglarized the store of Gonzales is abundantly established. According to appellant's written confession, as well as his testimony while testifying as a witness in his own behalf, he was the guilty party.
Appellant sought a suspended sentence, which the jury refused.
No reversible error appearing, the judgment is affirmed.
Opinion approved by the Court.