Shackelford v. State

Appellant is under conviction for the offense of arson.

Article 1210, P. C. (Revision of 1911), fixed the punishment for arson at confinement in the penitentiary for not less than 5 por more than 20 years. By the Acts of 1917, c. 145, § 1 (Vernon’s Ann. Pen. Code Supp. 1918, art. 1210), the Legislature changed the penalty fixing the punishment at not less than 2 nor more than 20 years. The learned trial judge in the present case overlooked the amendment, and authorized the jury to assess the punishment at not less than 5 nor'more than 20 years. The jury fixed the punishment at 5 years in the…