# Brown v. State

> Court of Criminal Appeals of Texas · February 6, 1907 · 50 Tex. Crim. 626

URL: https://www.frixlaw.com/law-library/cases/3961980

## Case

- **Full name:** Leo Brown v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** February 6, 1907
- **Citations:** 50 Tex. Crim. 626; 99 S.W. 1001; 1907 Tex. Crim. App. LEXIS 34
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Henderson
- **Judges:** Henderson
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3961980

## Opinion text

HENDERSON, Judge.
Appellant was convicted of sodomy, and his punishment assessed at two years confinement in the reformatory.
There is but one question that we
need
consider. The court charged the punishment for sodomy to be by confinement in the penitentiary for not less than five years nor more than fifteen years, and then instructed the jury if they found appellant guilty, and that he was under 16 years of age, to assess his punishment at confinement in the penitentiary for not less than two years nor more than five years. This charge was erroneous. The punishment charged by the court, and which was inflicted by the jury, of two years, is not authorized in a sodomy case. The court should have instructed the jury that if they found appellant guilty, and that he was 16 years of age, or under, and they assessed his punishment at five years in the penitentiary, they might in their discretion confine him in the reformatory instead of
*627
the penitentiary. For this error in the court’s charge, and the assessment of the penalty thereunder of two years, the judgment is reversed and the cause remanded.
Reversed and remanded.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3961980. Public record. Not legal advice.