Clare v. State

CALHOUN, Judge.

The record in this case shows that appellant was indicted in San Patricio county for the theft of an automobile of the value of $100. On the trial of the case on October 4, 1928, appellant entered a plea of guilty. Before the trial began, the appellant filed a written sworn application, asking, in case of conviction, that sentence be suspended. On his plea of guilty the jury fixed his punishment at five years in the penitentiary, but found in their verdict that he had not been theretofore convicted of a felony in this or any other state and recommended that the sentence be…