State v. Kelly

OPINION

BROCK, Chief Justice:

The defendant Kelly was convicted of second degree burglary and sentenced to a term in the penitentiary of not less than 3 years nor more than 7 years. The Court of Criminal Appeals reversed the conviction and remanded the case for a new trial, finding (1) that the trial judge erred in admitting over the defendant’s objection an alleged confession and (2) that the trial court erred in failing to instruct the jury that in fixing punishment it was at liberty to fix the maximum sentence at the same period of years as the minimum sentence allowed by law. We granted…