Opinion

Brown v. State

  • 137 Tex. Crim. 187
  • 128 S.W.2d 1197
  • 1939 Tex. Crim. App. LEXIS 360
Court
Court of Criminal Appeals of Texas
Filed
May 31, 1939
Status
Published
Author
Graves
On the bench
Graves
Cited by
0 cases

The opinion

GRAVES, Judge.

Conviction is for felony theft; punishment assessed is confinement in the state penitentiary for a term of three years.

The record is before us without a statement of facts or bills of exception, hence no question is presented for review.

We observe that in pronouncing sentence against appellant the court overlooked giving effect to the indeterminate sentence law as provided in Art. 775, Vernon’s Ann. C. C. P., and directed the confinement of appellant in the penitentiary for three years. The sentence will be reformed to direct appellant’s confinement in the penitentiary for not less than two years nor more than three years, and as thus reformed the judgment is affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.