Walter Prater v. State

CHRISTIAN, Judge.

— The offense is rape; the punishment, confinement in the penitentiary for 99 years.

The record is before us without a statement of facts.

It is shown in bill of exception No. 1 that after the jury-had retired to deliberate they sent a note to the judge in which they made the following request: “If a man were given ninety-nine years sentence or a life sentence in the penitentiary, how would his status be affected by a pardon granted by the Pardon Board or State Governor? Also, would good behavior affect the time of either of those sentences ?” The note was received by the trial…