Castro v. State

MORROW, Presiding Judge.

The offense is burglary; penalty assessed at confinement in the penitentiary for a period of five years.

In compliance with the statute, the appellant sought a suspended sentence. The court instructed the jury upon that subject in a charge presented on the 18th day of May, 1931. On the same day the jury returned the following verdict:

“We, the jury, find the defendant guilty, as charged in the indictment, and assess his punishment at five (5) years in the penitentiary. We further find that the defendant has never been convicted of a felony in this State, or in any other…