Ramirez v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of cattle theft, and his punishment assessed at confinement in the penitentiary for a term of two years.

The court charged the punishment "to be not less than two nor more than five years in the penitentiary,” whereas the punishment, by law, is not less than two nor more than four years. Exception was reserved to this portion of the charge. The court states in signing the bill: “I am of opinion the error complained of did not injure appellant’s rights, and the new trial prayed for should not be granted, under the law as it now is, under article…