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31 S.W.2d 1117

Nivins v. State

Court of Criminal Appeals of Texas

Decided October 22, 1930

Court of Criminal Appeals of Texas · decided 1930-10-22

Decided 1930-10-22

MORROW, P. J.

¶1The unlawful possession of a still for the manufacture of intoxicating liquor is the offense; penalty, confinement in the penitentiary for a period of four years.

¶2The facts heard upon the trial are not before this court. No legal questions are presented for review.

¶3Note is taken of the fact that, in the judgment of conviction, observance was not had of the indeterminate sentence law. The judgment should have condemned the appellant to suffer confinement in the penitentiary for a period of not less than one. nor more than four years. In the sentence, however, the penalty is properly entered.

¶4The judgment is reformed and affirmed.

HAWKINS, J., absent.
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