
    THURMAN v. STATE.
    (No. 9869.)
    (Court of Criminal Appeals of Texas.
    Nov. 4, 1925.)
    Criminal law <&wkey;992, 1184 — Sentence differing from verdict heid erroneous, requiring correction.
    Where accused was found guilty of manufacturing intoxicating liquor, and his punishment fixed at two years in the penitentiary, a recitation in the sentence that his punishment had been assessed by 'a verdict of the jury at confinement in the penitentiary for not less than one nor more than two years held incorrect, requiring correction to conform to verdict and judgment.
    Appeal from District Court, Grayson County; F. E. Wilcox, Judge.
    Earl Thurman was convicted of manufacturing intoxicating liquor, and he appeals.
    Sentence corrected to conform to verdict and judgment, and, as so reformed, judgment affirmed. .
    J. A. Carlisle, of Sherman, for appellant.
    Sam D. Stinson, State’s Atty., of Green-ville, and Nat Gentry, Jr., Asst. State’s Atty., of Tyler, for the State.
   LATTIMORE, J.

Appellant was convicted in the district court of Grayson county of manufacturing intoxicating liquor, and his punishment fixed at two years in the penitentiary.

The record is before us without any statement of facts or bills of exception. The motion for new trial, based on newly discovered evidence, was overruled, but nothing in the record manifests the taking of any exception to the action of the court in this particular; nor could we know the materiality of the newly discovered evidence in view of the fact that there is no statement of the facts adduced on the trial of the case.

The punishment imposed upon appellant by sentence recites that his punishment had been assessed by the verdict of the jury at confinement in the penitentiary for not less than one nór more thán- two years. This recitation of the sentence is incorrect. Appellant had been found guilty, and his punishment fixed at two years in the penitentiary.

The sentence will be corrected to conform to the verdict and judgment, and, as reformed, the judgment will be affirmed. 
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