Green v. State

An opinion affirming this case was rendered on the 18th day of November, 1932. Petition for rehearing was duly filed and upon consideration was granted and the opinion withdrawn.»

Defendant in his petition for rehearing calls the court’s attention to that part of instruction No. 3 where the trial court said:

“Any person convicted of violating the last preceding paragraph of these instructions is guilty of a felony and shall be punished by imprisonment in the state penitentiary for any period of time not less than one year nor more than five years.”

Defendant excepted to the giving of this…