Harrell v. State

KRUEGER, Judge.

The offense is an assault with intent to murder. The punishment assessed is confinement in the state penitentiary for a term of two years.

The record in this case reflects an indefinite verdict, and the court in pronouncing sentence upon appellant failed to give effect to the indeterminate sentence law, Vernon’s Ann. C. C. P., Art. 775. The indictment charged appellant with an assault to mur*142der with malice. The court instructed the jury on an assault to murder with and without malice. The jury returned the following verdict: “We the Jury find the defendant guilty and assess his…