Terreto v. State

on rehearing.

November 13, 1918.

MORROW, Judge.

The judgment herein was reversed at a previous term of this court. The State filed within 'due time a motion for rehearing. The reversal was on account of the insufficiency of the evidence.

Attention is called to the fact that the case was tried upon a plea of guilty regularly entered with the formalities and under circumstances required by the statute. The penalty for the offense charged was confinement in the State penitentiary for not less than one nor more than three years. Art. 566, C. C. P., is as follows:

“Where a defendant in a case of felony…