Brown v. State

HENDERSON, Judge.

Appellant was convicted of sodomy, and his punishment assessed at two years confinement in the reformatory.

There is but one question that we need consider. The court charged the punishment for sodomy to be by confinement in the penitentiary for not less than five years nor more than fifteen years, and then instructed the jury if they found appellant guilty, and that he was under 16 years of age, to assess his punishment at confinement in the penitentiary for not less than two years nor more than five years. This charge was erroneous. The punishment charged by the court, and…