Mitchell v. State

Court of Criminal Appeals of Texas

Mitchell v. State

147 S.W.2d 507, 140 Tex. Crim. 585, 1940 Tex. Crim. App. LEXIS 702

CourtCourt of Criminal Appeals of Texas

DecidedNovember 6, 1940

DocketNo. 21199.

StatusPublished

This text of 147 S.W.2d 507 (Mitchell 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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Mitchell v. State, 147 S.W.2d 507, 140 Tex. Crim. 585, 1940 Tex. Crim. App. LEXIS 702 (Tex. 1940).

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Opinions

HAWKINS, Presiding Judge.

Conviction is for theft of cattle, punishment assessed at ten years’ confinement in the penitentiary.

The record is before the court without a statement of facts or bills of exception. Nothing of a procedural nature is presented for review. However, it appears that the court overlooked giving effect to the indeterminate sentence law as provided by Art. 775 C. C. P. The sentence is amended to direct that the punishment be confinement in the penitentiary for not less than two nor more than ten years.

As thus amended the judgment is affirmed.

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HAWKINS, Presiding Judge.

Conviction is for theft of cattle, punishment assessed at ten years’ confinement in the penitentiary.

The record is before the court without a statement of facts or bills of exception. Nothing of a procedural nature is presented for review. However, it appears that the court overlooked giving effect to the indeterminate sentence law as provided by Art. 775 C. C. P. The sentence is amended to direct that the punishment be confinement in the penitentiary for not less than two nor more than ten years.

As thus amended the judgment is affirmed.

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147 S.W.2d 507, 140 Tex. Crim. 585, 1940 Tex. Crim. App. LEXIS 702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-state-texcrimapp-1940.