Court of Criminal Appeals of Texas, 1925

Duncan v. State

Duncan v. State
Court of Criminal Appeals of Texas · Decided June 10, 1925 · Hawkins
273 S.W. 604; 100 Tex. Crim. 652; 1925 Tex. Crim. App. LEXIS 620 (South Western Reporter)

Duncan v. State

Opinion of the Court

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. ■

Case-law data current through December 31, 2025. Source: CourtListener bulk data.