Opinion
No. 20911.
Delivered March 13, 1940.
1. — Appeal — Record.
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. — Sentence Reformed — Indeterminate Sentence Law.
Where the trial court, in sentencing defendant, failed to make application of the Indeterminate Sentence Law, and sentenced defendant to the penitentiary for 25 years for rape, sentence was reformed in order to show that defendant was condemned to confinement in the penitentiary for not less than five nor more than twenty-five years, and, as reformed, judgment was affirmed.
Appeal from District Court of Parker County. Hon. J. E. Carter, Judge.
Appeal from conviction for rape; penalty, confinement in penitentiary for twenty-five years.
Judgment reformed, and as reformed affirmed.
The opinion states the case.
Ben J. Hagman, of Weatherford, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is rape; the punishment, confinement in the penitentiary for twenty-five years.
The record is before us without a statement of facts or bills of exception. No question is presented for review.
In sentencing appellant 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 five nor more than twenty-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.