Cuellar v. State

DAVIDSON, Judge.

The indictment charged appellant with the night-time burglary of the private residence of Dr. Charles S. Amidon. There was also a count charging a prior conviction of an offense of like character.

Appellant waived trial by jury and pleaded guilty before the court. The proceedings touching the entry and receipt of a plea of guilty before the court are regular.

The trial court, after hearing the evidence, fixed punishment at confinement in the penitentiary for ninety-nine years. Such punishment was authorized by Art. 1391, P. C., to be inflicted under the first or primary count.…