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Arsola v. State , 126 Tex. Crim. 497 ( 1934 )


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  • LATTIMORE, Judge. —

    Conviction for assault to murder; punishment, four years in the penitentiary.

    Appellant made a motion to quash the indictment, which seems to have been properly overruled. Also a motion for continuance, the refusal of which is not here complained of by any *498 bill of exceptions, and for that reason nothing in the court’s action is made to appear erroneous.

    The facts seem ample to support the judgment. A number of witnesses testified that they were present when appellant cut the alleged injured party with a knife. Some testimony was to the contrary. The jury have settled the conflict of evidence against appellant.

    In the sentence appellant was committed to the penitentiary for a period of four years. The indeterminate sentence law of this State was overlooked. The sentence will be reformed, and appellant will be sentenced to confinement in the penitentiary for a period of not less than one and not more than four years, and as reformed the judgment will be affirmed.

    Affirmed.

Document Info

Docket Number: No. 16865.

Citation Numbers: 72 S.W.2d 1114, 126 Tex. Crim. 497, 1934 Tex. Crim. App. LEXIS 749

Judges: Lattimore

Filed Date: 6/20/1934

Precedential Status: Precedential

Modified Date: 11/15/2024