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78 S.W.2d 610

Maxwell v. State

Court of Criminal Appeals of Texas

Decided January 30, 1935

Court of Criminal Appeals of Texas · decided 1935-01-30

Good law ✅— No negative treatment on recordhow we know

Decided 1935-01-30

How this case has been cited

Cited by 6 later decisions — most recently February 2008

5 state decisions

2019351940195019601970198019902000decided

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, Judge.

¶1Conviction is for assault with intent to rape, punishment being three years in the penitentiary.

¶2No statement of facts or bills of exception are found in the record. Nothing is presented for review. However, we notice that in pronouncing sentence upon appellant the court overlooked application of the Indeterminate Sentence Law. Article 775, C. C. P., as amended by Acts 1931, c. 207, § 1 (Vernon’s Ann. C. C. P. art. 775). The sentence is reformed, and it is directed that appellant be confined in the penitentiary for not less than two nor more than three years.

¶3As so reformed, the judgment is affirmed.

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