Opinion
No. 20242.
Delivered March 1, 1939.
Sentence Reformed — Indeterminate Sentence Law.
Where defendant was convicted of the theft of chickens, and the record contained neither a statement of facts nor bills of exception, but record disclosed that the provisions of the indeterminate sentence law had not been carried out, Court of Criminal Appeals was required to reform the sentence to show that defendant was sentenced to the penitentiary to serve not less than one hour nor more than one year, and, as reformed, the judgment affirmed.
Appeal from District Court of Bell County. Hon. Few Brewster, Judge.
Appeal from conviction for theft of chickens; penalty, confinement in penitentiary for one year.
Sentence reformed, and, as reformed, judgment affirmed.
The opinion states the case.
DeWitt Bowmer, of Temple, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The conviction is for theft of chickens; punishment, one year's confinement in the penitentiary.
The record contains neither a statement of facts nor bills of exception, hence no question is presented for review. However, it appears from the record that the provisions of the indeterminate sentence law, Vernon's Ann. C. C. P. 775, have not been carried out herein.
The judgment will, therefore, be reformed in order to show that appellant is sentenced to the penitentiary of the State of Texas to serve not less than one hour nor more than one year, and as thus reformed the judgment will be affirmed.