McCown v. State

Court of Criminal Appeals of Texas

McCown v. State

224 S.W.2d 714, 154 Tex. Crim. 14, 1949 Tex. Crim. App. LEXIS 1320

CourtCourt of Criminal Appeals of Texas

DecidedNovember 23, 1949

DocketNo. 24660

StatusPublished

This text of 224 S.W.2d 714 (McCown 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

McCown v. State, 224 S.W.2d 714, 154 Tex. Crim. 14, 1949 Tex. Crim. App. LEXIS 1320 (Tex. 1949).

Pincite

Opinion

HAWKINS, Presiding Judge.

Appellant was indicted for murder with malice aforethought of Bennie McCown. The case was submitted to a jury which found her guilty of murder without malice, and assessed her punishment at five years in the penitentiary.

The record is before us without bills of exception or statement of facts. In such condition nothing is presented for review.

However, we observe that in pronouncing sentence upon appellant the court, evidently through oversight, omitted to give her the benefit of the indeterminate sentence, and sentenced her for five years. The sentence is corrected to provide that she serve not less than two nor more than five years in the penitentiary.

As thus amended, the judgment is affirmed.

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HAWKINS, Presiding Judge.

Appellant was indicted for murder with malice aforethought of Bennie McCown. The case was submitted to a jury which found her guilty of murder without malice, and assessed her punishment at five years in the penitentiary.

The record is before us without bills of exception or statement of facts. In such condition nothing is presented for review.

However, we observe that in pronouncing sentence upon appellant the court, evidently through oversight, omitted to give her the benefit of the indeterminate sentence, and sentenced her for five years. The sentence is corrected to provide that she serve not less than two nor more than five years in the penitentiary.

As thus amended, the judgment is affirmed.

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Bluebook (online)

224 S.W.2d 714, 154 Tex. Crim. 14, 1949 Tex. Crim. App. LEXIS 1320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccown-v-state-texcrimapp-1949.