Opinion
No. 16631.
Delivered April 18, 1934.
1. — Bill of Exception — Statement of Facts. Held bill of exception found in record cannot be appraised in the absence of a statement of facts.
2. — Sentence Reformed — Indeterminate Sentence Law.
Where, in conviction for murder, in pronouncing sentence the court failed to make application of the indeterminate sentence law, sentence is reformed to show that defendant is condemned to confinement in penitentiary for not less than two nor more than four years.
Appeal from the District Court of Trinity County. Tried below before the Hon. S.W. Dean, Judge.
Appeal from conviction for murder; penalty, confinement in the penitentiary for four years. Affirmed. Reformed and Affirmed.
The opinion states the case.
M. L. Bennett, of Normangee and C. C. Chessher, of Groveton, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin. for the State.
The offense is murder; the punishment, confinement in the penitentiary for four years.
No statement of facts is brought forward. The single bill of exception found in the record cannot be appraised in the absence of a statement of facts.
In pronouncing sentence the court failed to make application of the Indeterminate Sentence Law. 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 four years.
As reformed, the judgment is affirmed.
Judgment reformed and, as reformed, 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.