Ex Parte Clubb

BEAUCHAMP, Judge.

This is a proceeding by Roy Boyd Clubb, an inmate of the penitentiary, seeking his release because of a void judgment entered on his plea of guilty before the court, without a jury, in the 46th District Court of Wilbarger County, Texas, on the 14th day of January, 1946. The punishment assessed by the judgment reads: “* * * that he be punished by confinement in the State Penitentiary for a term of not less than five years nor more than fifteen years * *

We have frequently held such judgments to be void for uncertainty unless it contains a jury finding by which it may be made…