McMurray v. State

HAWKINS, Judge.

Conviction is for burglary, punishment being assessed at two years in the penitentiary.

Appellant entered a plea of guilty. It appears that appellant had no counsel to represent him at the time he entered his plea. He afterwards secured counsel and in the motion for new trial it is averred that he was not informed by the court that he had a right to make and file an application for suspended sentence. Upon a hearing on the motion appellant and the district attorney gave testimony which is brought forward. On direct examination appellant testified as follows:

“When I was brought…