GAINES v. STATE

No. 24921.

231 S.W.2d 429 (1950)

GAINES v. STATE.

Court of Criminal Appeals of Texas.

June 21, 1950.


Attorney(s) appearing for the Case

No appearance for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.


BEAUCHAMP, Judge.

The appeal is from a conviction for burglary, with the jury's verdict assessing a penalty of three years in the penitentiary.

Appellant has filed his affidavit to withdraw the appeal. We note, however, that the record contains an erroneous judgment in that it first copies the jury's verdict assessing the penalty of three years, based on the first count of the indictment. The judgment then recites "* * * that he shall be punished, as has been...

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