Glass v. State

*321OPINION

DOUGLAS, Judge.

Appellant was convicted for the murder of her husband; the punishment, two years.

The only complaint is that the trial court violated her constitutional right in refusing to permit her to file an application for probation by the jury after the finding of guilt and before the hearing on punishment.

Article 42.12, Sec. 3a, Vernon’s Ann. C.C.P., provides, in part:

“* * * The jury may recommend probation upon written sworn motion made therefor by the defendant before the trial begins.”1

This provision is somewhat analagous to Article 776, V.A.C.C.P. (1925),2 which provided that…