Duncan v. State

273 S.W. 604, 100 Tex. Crim. 652, 1925 Tex. Crim. App. LEXIS 620
Court of Criminal Appeals of Texas·Decided June 10, 1925·No. No. 9311.·Published·Cited by 2 cases

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

273 S.W. 604 (Duncan v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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564 S.W.2d 727 (Court of Criminal Appeals of Texas, 1978)