Court of Criminal Appeals of Texas, 1934

Mans v. State

Mans v. State
Court of Criminal Appeals of Texas · Decided May 23, 1934 · Hawkins, Morrow
72 S.W.2d 1117; 1934 Tex. Crim. App. LEXIS 941 (South Western Reporter, Second Series)

Mans v. State

Opinion of the Court

MORROW, Presiding Judge.

Receiving and concealing stolen property is the offense; penalty assessed at confinement in the penitentiary for two and one-half years.

The indictment appears regular. No fault in the procedure has been presented by way of bills of exception or otherwise. The facts heard in the trial court are not brought up for review.

The judgment condemns the appellant to confinement in the penitentiary for not less than two nor more than two and one-half years.

Nothing has been perceived in the record which would authorize this court to reverse the judgment of conviction. It is therefore affirmed.

070rehearing

On Motion for Rehearing.

HAWKINS, Judge.

Appellant seems to think that, because the judgment condemned him to confinement in the penitentiary for two and a half years, there was no compliance with the Indeterminate Sentence Law. The judgment is correct. It follows the verdict. When the court pronounced sentence upon appellant, he gave him the benefit of the Indeterminate Sentence Law and directed that he be confined in the penitentiary for not less than two nor more than two and a half years, which is in accordance with article 775, C. O. P.

The motion for rehearing is overruled.

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