Court of Criminal Appeals of Texas, 1932

Armstead v. State

Armstead v. State
Court of Criminal Appeals of Texas · Decided March 30, 1932 · Christian, Morrow
48 S.W.2d 1002; 1932 Tex. Crim. App. LEXIS 932 (South Western Reporter, Second Series)

Armstead v. State

070rehearing

On Motion for Rehearing.

MORROW, P. J.

The motion presents no new matter for review. No statement of facts has been furnished, in the absence of which the criticism of the charge of the court cannot be appraised.

The judgment was corrected on the original hearing so as to give effect to the indeterminate sentence law.

The motion is overruled.

Opinion of the Court

CHRISTIAN, J.

The offense is selling intoxicating liquor; the punishment, confinement in the penitentiary for two years.

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

*1003In pronouncing sentence the court failed to gire effect to the provisions of the indeterminate sentence law. The sentence is'reformed in order that it may be shown that appellant is condemned to confinement in the penitentiary for not less than one nor more than two years.

As reformed, the judgment is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.

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