Black v. State

HARPER, Judge.

Appellant was prosecuted and convicted of burglary, and his punishment assessed at five years confinement in the penitentiary.

Appellant filed a written request that the court submit to the jury the question of suspension of his sentence in case he was found guilty. Appellant was charged with burglary of a private residence at night, and convicted of that offense. By the terms of the Suspended Sentence Act he was not entitled to have that question submitted to the jury, for it provides that the law shall not apply to that character of offense, therefore, the court did not err in…