Legal Opinion

Ex Parte Brewer

Court of Criminal Appeals of Texas

Decided June 30, 1951No. 25430Published

1Opinion

ON MOTION FOR REHEARING

WOODLEY, Judge.

As stated in our original opinion, authority for holding relator is by virtue of the judgment and sentence in cause No. 10,578 upon the offense of robbery, disregarding the allegations of former convictions.

*372Our attention is directed to the sentence pronounced upon such judgment which fails to give effect to the indeterminate sentence law.

The punishment provided by law for the offense of ordinary robbery is not less than five years nor more than life in the penitentiary and the indeterminate sentence law applies. See Garsee v. State, 117 Tex. Cr. R. 497,…

2Cases cited4 opinions

  1. Price v. StateCourt of Criminal Appeals of Texas · 1946
  2. Ex Parte MasseyCourt of Criminal Appeals of Texas · 1946
  3. Garsee v. StateCourt of Criminal Appeals of Texas · 1931
  4. Ex Parte EasonCourt of Criminal Appeals of Texas · 1950

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