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2 S.W.2d 270

Callaway v. State

Court of Criminal Appeals of Texas

Decided February 1, 1928

Court of Criminal Appeals of Texas · decided 1928-02-01

Good law ✅— No negative treatment on recordhow we know

Decided 1928-02-01

How this case has been cited

Cited by 4 later decisions — most recently March 1985

4 state decisions

201928193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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HAWKINS, J.

¶1Conviction is for burglary of a private -residence; punishment being 18 years in the Penitentiary. No bills of exception or statement of facts is found in this record. We notice that inadvertently the sentence fails to give appellant the benefit of the indeterminate sentence law, as provided in article 775, C. O. P. The provisions of said statute appear to be mandatory. The sentence therefore will be .reformed to decree appellant’s confinement in the Penitentiary to be for not less than 5 nor more than 18 years.

¶2As reformed, the judgment is affirmed. ,

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