Crim v. State

Court of Criminal Appeals of Texas

Crim v. State

56 S.W.2d 1115

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 8, 1933

DocketNo. 15855

StatusPublished

This text of 56 S.W.2d 1115 (Crim v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Crim v. State, 56 S.W.2d 1115 (Tex. 1933).

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Opinion

HAWKINS, Judge.

Conviction is for possessing intoxicating liquor for the purpose of sale; punishment being two years’ confinement in the penitentiary.

The record contains neither statement of facts nor bills of exception.

We observe that in pronouncing sentence upon appellant the court overlooked giving him the benefit of the Indeterminate Sentence Law (Code Cr. Proc. 1925, art. 775), and directs his imprisonment in the penitentiary for two years. It should have been for not less than one nor more than two years. The sentence is reformed to so read.

As reformed, .the judgment is affirmed.

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HAWKINS, Judge.

Conviction is for possessing intoxicating liquor for the purpose of sale; punishment being two years’ confinement in the penitentiary.

The record contains neither statement of facts nor bills of exception.

We observe that in pronouncing sentence upon appellant the court overlooked giving him the benefit of the Indeterminate Sentence Law (Code Cr. Proc. 1925, art. 775), and directs his imprisonment in the penitentiary for two years. It should have been for not less than one nor more than two years. The sentence is reformed to so read.

As reformed, .the judgment is affirmed.

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Bluebook (online)

56 S.W.2d 1115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crim-v-state-texcrimapp-1933.