Dukes v. State, 16181.

• Citation: 63 S.W.2d 1024
• Decision Date: 25 October 1933
• Docket Number: No. 16181.,16181.
• Parties: DUKES v. STATE.
• Court: Texas Court of Criminal Appeals

63 S.W.2d 1024

DUKES v. STATE.

No. 16181.

Court of Criminal Appeals of Texas.

October 25, 1933.

Appeal from District Court, Smith County; Walter G. Russell, Judge.

Curtis Dukes was convicted of burglary of a box car, and appeals.

Affirmed.

Alex P. Pope, of Tyler, for appellant.

Lloyd W. Davidson, State's Atty., of Austin, for the State.

CHRISTIAN, Judge.

The offense is burglary of a box car; the punishment, confinement in the penitentiary for four years.

The record is before us without a statement of facts or bills of exception. No question is presented for review.

The verdict of the jury assessed the punishment at confinement in the penitentiary for four years. The judgment and sentence stipulate that appellant shall be confined in the penitiary for not less than two, nor more than five, years. The judgment and sentence are reformed in order that it may be shown that appellant shall be confined in the penitentiary for not less than two years nor more than four years.

As reformed, the judgment is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.