Duncan v. State

Court of Criminal Appeals of Texas

Duncan v. State

273 S.W. 604, 100 Tex. Crim. 652, 1925 Tex. Crim. App. LEXIS 620

CourtCourt of Criminal Appeals of Texas

DecidedJune 10, 1925

DocketNo. 9311.

StatusPublished

Cited by2 cases

This text of 273 S.W. 604 (Duncan 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.

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Duncan v. State, 273 S.W. 604, 100 Tex. Crim. 652, 1925 Tex. Crim. App. LEXIS 620 (Tex. 1925).

Pincite

Opinion

HAWKINS, Judge. —

Appellant is under conviction for transporting intoxicating liquor, his punishment being three years in the penitentiary.

The record contains neither statement of facts nor bills of exception. In such condition nothing is presented for review. However, we observe that the sentence fails to give appellant the benefit of the indeterminate feature under the provisions of Article 865a, C. C. P.

*653 The sentence will be reformed to read that appellant shall be confined in the penitentiary not less than one year nor more than three years.

As so reformed the judgment is affirmed.

Judgment reformed and Affirmed. ■

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