Bernard v. State

HAWKINS, Presiding Judge.

Conviction is for theft of turkeys, punishment assessed being a fine of $200.00.

The punishment for stealing turkey^ is confinement in the penitentiary, or by fine or imprisonment in the county jail. See Acts 1929, 41 Leg., page 247; Art. 1442b, Vernon’s Tex. *503P. C., Vol. 3. The offense being one which may be punished by confinement in the penitentiary is a felony. Art. 47 P. C. This being true, it is necessary that sentence be pronounced against appellant even though the punishment assessed was only a fine. McFadden v. State, 108 Tex. Cr. R. 166, 200 S. W. 54;…