Duncan v. State

Court of Criminal Appeals of Texas
Duncan v. State, 273 S.W. 604 (Tex. Crim. App. 1925)
100 Tex. Crim. 652; 1925 Tex. Crim. App. LEXIS 620
Hawkins

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. ■

Reference

Full Case Name
T. B. Duncan v. the State
Cited By
2 cases
Status
Published