Bierman v. State

HARPER, Judge.

Appellant was convicted of unlawfully selling intoxicating liquor in prohibition territory.

Appellant filed a plea praying that in the event he was found guilty his sentence should be suspended, and the jury returned the following verdict: “We, the jury, find the defendant guilty and assess his punishment at one year confinement in the penitentiary—we find that he has never been convicted of a felony and recommend to the court that his sentence be suspended in this case.” The court in accordance with said verdict entered up a judgment adjudging appellant guilty, also reciting and…