Horner v. State

OPINION

WALKER, Presiding Judge.

The question presented by this appeal in the nature of a writ of error is whether or not the trial judge abused his discretion by imposing this sentence consecutive to another one. We hold that he did not.

In two cases tried together by consent, the jury found the defendant, Thetus Horner, guilty of burglary in the third degree and fixed his punishment in each case at three years in the penitentiary. The trial judge reserved until the new trial motion the question of whether or not to impose the sentences concurrently or cumulatively. At that time he fixed the…