Barrett v. State

HAWKINS, Judge. —

Defendant entered a plea of guilty to a charge of transporting intoxicating liquor and asked for a suspended sentence. After hearing the evidence the jury fixed his punishment at one year in the penitentiary but failed to suspend the sentence.

By the terms of Sec. 2d, Chap. 61, 1st Called Session 37th Legislature, the benefit of suspended sentence is denied a person over twenty-five years convicted of the offense for which defendant was being 'tried. Exception was taken to the charge upon the issue of suspended sentence. We do not discuss the point for the reason that…