Overby v. State

LATTIMORE, Judge.

— Appellant pleaded guilty to the offense of burglary in the district court of Ellis County, and was given three years in the penitentiary.

A plea for suspended sentence was filed on behalf of appellant and one witness introduced by him, who testified that appellant had never before been indicted for a felony. Neither in said application for suspended sentence, nor by the introduction of any evidence in support of the proposition that his reputation was good for peace and quietude, was there any affirmative raising by appellant of the issue of such general reputation. The…