Gebhardt v. State

MORROW, Judge.

The information charged and the jury found that the appellant was a delinquent child. The court entered judgment ■ committing him to custody of the Bexar County Training School upon an indeterminate sentence of from 2 to 5 years. A jury having been demanded and empaneled, the trial judge was without power or authority to fix the punishment. The guilt of the appellant, as well as the amount of his punishment, was a) matter exclusively within the province of the jury. This was held in Ex parte Pruitt, 82 Texas Crim. Rep., 394, 200 S. W. Rep., 394, and in a number of cases therein…