Ward v. State

ON MOTION FOR REHEARING.

Hawkins, Judge.

Appellant’s contention that the evidence fails to show ability on his part to contribute to his wife’s support is sufficiently disposed of by the opinion on rehearing in Ellis v. State, 101 Tex. Cr. R. 647, 276 S. W. 703.

The other questions urged in his motion for rehearing we think were properly disposed of originally.

It is called to our attention that in sentencing appellant the trial court overlooked giving application to the indeterminate sentence law. One of the alternative punishments fixed by statute (Art. 602 P. C.) to the offense of which…