Court of Criminal Appeals of Texas, 1962

Brown v. State

Brown v. State
Court of Criminal Appeals of Texas · Decided April 25, 1962 · McDonald
356 S.W.2d 690 (South Western Reporter, Second Series)

Brown v. State

Opinion of the Court

McDonald, judge.

Under an indictment charging assault with intent to murder, appellant was convicted of assault to murder without malice and his punishment assessed at confinement in the penitentiary for two years.

No statement of facts or bills of exception accompany the record.

All proceedings appear to be regular and nothing is presented for review.

The trial court failed to give effect to the indeterminate sentence law. Accordingly, the sentence is here reformed so as to fix appellant’s punishment at not less than one year nor more than two years in the penitentiary.

As reformed, the judgment is affirmed.

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