Johnson v. State

Decided November 2, 1921

Court of Criminal Appeals of Texas · decided 1921-11-02

<p>Criminal law <@=>1208(9)— Sentence erroneous in failing to take account of Indeterminate Sentence Law.</p> <p>A sentence on conviction of robbery fixing confinement in the penitentiary for a period of 25 years was wrong' in failing to take account of the Indeterminate Sentence Law, and will be amended to read, “for a period of not less than 5 nor more than 25 years.”</p>

Modified and affirmed · Decided 1921-11-02

MORROW, P. J.

¶1Appellant is convicted of robbery; punishment fixed at confinement in penitentiary for a period of 25 years. .

¶2 *396The sentence is wrong in failing to take account of the Indeterminate Sentence Law. As it reads, it condemns appellant to confinement for the “full period of 25 years.” It should read: “For a period of not less than 5 nor more than 25 years.” It is so amended.

¶3We find neither statement of facts nor hills of exceptions, and discern no fundamental errors requiring a reversal.

¶4The judgment is affirmed.

¶5<@=>For other oases see same topic and KEY-NUMBER in al! Key-Numbered Digests and Indexes