Hodges v. State

OPINION

ONION, Judge.

The offense is Negligent Homicide in the Second Degree; the punishment, one (1) year and one (1) day in the County Jail.

The record on appeal does not include a sentence pronounced by the Court, as required by Article 40.09, Section 1, Vernon’s Ann.C.C.P.

Since the effective date of the 1965 Code of Criminal Procedure, a sentence must be pronounced in every felony case and in every misdemeanor case except where the maximum possible is by fine only. Article 42.02, V.A.C.C.P. Further, Article 42.04, V.A.C.C.P., requires that the sentence in a case like that at bar shall be…