Opinion
No. 20365.
Delivered April 19, 1939.
1. — Appeal — Bills of Exception — Statement of Facts.
Where the record on appeal contained neither a statement of facts or bills of exception, no question was presented for review.
2. — Sentence Reformed — Indeterminate Sentence Law.
Where defendant was convicted of murder with malice and his punishment assessed at 25 years in the penitentiary and the sentence did not conform to the provisions of the indeterminate sentence law, sentence was reformed, so as to sentence defendant to serve not less than 2 nor more than 25 years in the state penitentiary.
Appeal from Criminal District Court of Tarrant County. Hon. Willis M. McGregor, Judge.
Appeal from conviction for murder with malice; penalty, twenty-five years in penitentiary.
Sentence reformed and, as reformed, affirmed.
The opinion states the case.
H. R. Bishop, of Fort Worth, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The appellant was convicted of the offense of murder with malice, and his punishment assessed at twenty-five years in the penitentiary.
The record before us contains neither a statement of facts nor bills of exception, hence no question is presented for review. It appears, however, that the sentence herein does not conform to the provisions of the indeterminate sentence law. Vernon's Ann. C. C. P., Art. 775. The same is therefore reformed so as to sentence the appellant to serve a term of not less than two nor more than twenty-five years in the state penitentiary, and as reformed the judgment will be affirmed.