Opinion
No. 20465.
Delivered June 7, 1939.
1. — Appeal — Statement of Facts or Bills of Exception.
Where the record was before the appellate court without a statement of facts or bills of exception, no question was presented for review.
2. — Sentence Reformed — Indeterminate Sentence Law.
On appeal from conviction for burglary, where the record was before the appellate court without a statement of facts or bills of exception, but reviewing court observed from the record that, in pronouncing sentence against defendant, trial court overlooked giving effect to the indeterminate sentence law, and directed the confinement of defendant in the penitentiary for six years, sentence was reformed to direct defendant's confinement in the penitentiary for not less than two years nor more than six years, and, as thus reformed, the judgment was affirmed.
Appeal from District Court of Kaufman County. Hon. G. O. Crisp, Judge.
Appeal from conviction for burglary; penalty, confinement in penitentiary for six years.
Judgment reformed, and, as reformed, affirmed.
The opinion states the case.
Taylor, Irwin Irwin, of Dallas, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction is for burglary; punishment assessed is confinement in the state penitentiary for a term of six years.
The record is before us without a statement of facts or bills of exception, hence no question is presented for review.
We observe that in pronouncing sentence against appellant the trial court overlooked giving effect to the indeterminate sentence law as provided in Art. 775, Vernon's Ann. C. C. P., and directed the confinement of appellant in the penitentiary for six years. The sentence will be reformed to direct appellant's confinement in the penitentiary for not less than two years nor more than six years, and as thus reformed the judgment will be affirmed.