Berdell v. State

LATTIMORE, Judge.

Appellant was convicted of misdemeanor theft, in the District Court of Potter County, and his punishment fixed at confinement in the county jail for one year.

A motion to dismiss the appeal has been made by the State, for the reason that no sentence appears in the record. While appellant was indicted for a felony, he was only convicted of misdemeanor, and in such case no sentence is necessary, the judgment performing the office of both judgment and sentence.

From the record, it appears that in May, 1919, appellant purchased from one Clayton,, the furnishings and personal…