Thomas v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of rape and given six years in the penitentiary.

The record before us contains the verdict of the jury alloting appellant six years in the penitentiary. The court enters a judgment upon the verdict and in addition suspends the sentence of the defendant, stating in the judgment that it was upon the recommendation of the jury. The verdict as transcribed in the judgment fails to show any finding of the jury upon the question of suspended sentence. It is not mentioned either for or against appellant in their finding on this question. If the verdict…