Bishoff v. State

OPINION

ON STATE’S MOTION FOR REHEARING

ONION, Presiding Judge.

Our opinion on original submission is withdrawn and the following is submitted in lieu thereof.

*347After a plea of not guilty, the appellant was convicted of sodomy in a bench trial. The punishment was assessed by the court at sixty (60) days in the county jail and at a fine of $1,000.00. The appellant was then placed on probation and this appeal followed.

Appellant complains the evidence is insufficient to sustain the conviction, and that having elected to be punished under the new Penal Code, the court erroneously used V.T.C.A. Penal…