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142 Tex. Crim. 571

Johnson v. State

Court of Criminal Appeals of Texas

Decided November 12, 1941

Court of Criminal Appeals of Texas · decided 1941-11-12

Decided 1941-11-12

GRAVES, Judge.

¶1Appellant was convicted of murder without malice, and given a sentence of five years in the penitentiary.

¶2There is no statement of facts found in the record, and we can not therefore appraise the major portion of the objections to the trial court’s charge. The portions of such objections that we can appraise seem to be without merit.

¶3We notice that the provisions of the indeterminate sentence law have not been complied with herein. Vernon’s Ann. C. C. P. Art. 775. The sentence is therefore reformed so as to decree appellant’s confinement in the penitentiary not less than two now more than five years, and as thus reformed the judgment is affirmed.

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