Xanthull v. State

McDONALD, Judge.

The offense is burglary; the punishment, confinement in the penitentiary for a term of six years.

We shall not set forth the facts of the case in detail but will relate only those necessary to our disposition of this appeal.

Upon cross-examination of the defendant by state’s counsel, the following testimony was elicited:

“Q. How long would it take you to do five years doing good time in Huntsville State Pen__________________?

“(Counsel for defendant) : Now, Your Honor, we object to that.

“The Court: Overruled. How long would it take? A. You can figure three-fifths of the time,…