Court of Criminal Appeals of Texas, 1940

Finley v. State

Finley v. State
Court of Criminal Appeals of Texas · Decided April 10, 1940 · Christian
138 S.W.2d 1089; 139 Tex. Crim. 40; 1940 Tex. Crim. App. LEXIS 218 (South Western Reporter, Second Series)

Finley v. State

Opinion of the Court

CHRISTIAN, Judge.

The offense is burglary; the punishment, confinement in the penitentiary for five years.

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

In passing sentence, the court failed to take note of the -Indeterminate Sentence Law. See Article 775, C. C. P. The sentence is reformed in order that it may be shown that appellant is condemned to confinement in the penitentiary for not less than two nor more than five years.

As reformed, the judgment is affirmed.

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.

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