Pritchard v. State

— Conviction for embezzlement of property over $50.00; punishment, two years in the penitentiary.

The record in this case shows that upon the trial of this cause that the appellant did not file any plea for suspended sentence, provided for under Art. 776, C. C. P. There was no issue as to a suspended sentence submitted in the court’s charge to the jury. The jury returned into court the following verdict:

“We, the jury find the defendant, C. F. Pritchard, guilty of embezzlement in an amount of over $50.00 value, as charged in the indictment, and we assess his punishment at confinement in the…