Pope v. State

HAWKINS, Judge.

Defendant was convicted for selling intoxica- • ting liquor to one Gibbons. Punishment is two years’ confinement in the penitentiary. '

In entering judgment the court overlooked applying the indeterminate sentence law. The judgment is now so reformed as to confine defendant in the penitentiary for a term of not less than one nor more than two years.

Gibbons testified positively to the purchase of whiskey from defendant. Witness had been requested by the sheriff to see if he coulmake the purchase. .The only contention is that this circumstance rendered Gibbons an accomplice…