Colter v. State

HAWKINS, Judge.

— Conviction is for the sale of whisky. Punishment was assessed at two years in the penitentiary.

Appellant filed an application requesting that the issue of suspended sentence be submitted to the jury. The application contains no averment that accused was under twenty-five years of age. In refusing a requested instruction upon the issue the learned trial judge certifies that he declined to submit the question because accused was more than twenty-five years old. The correctness of the court’s action is manifest from Article 588i4a4, Vernon’s 1922 Supplement; Robinson v. State,…