
    HARE v. STATE.
    (No. 4013.)
    (Court of Criminal Appeals of Texas.
    March 29, 1916.
    Rehearing Denied April 19, 1916.)
    1. Criminal Law <§=884 —Punishment— Fraction of Year — Murder—Sentence-Validity.
    Under Pen. Code 1911, art. 1026, providing for punishment of not less than 2 years nor more than 15, it is within the province of the jury to fix the term at any intermediate length of time, and it need not be in even years, but may be for a fractional part of a year.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2107, 2526; Dec. Dig. <§=>• 884.]
    2. Criminal Law §=>829(1) — Appeal and Ebboe — Instructions.
    It is not error to refuse a special requested charge already fully covered by the main charge.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 2011; Dec. Dig. §=829(1).]
    Appeal from District Court, Liberty County; J. Llewellyn, Judge.
    Mella Hare was convicted of assault to murder, and she appeals.
    Affirmed.
    H. E. Marshall, of Liberty, for appellant. C. C. McDonald, Asst. Atty. Gen., for the State.
   HARPER, J.

Appellant was convicted of assault to murder, and her punishment assessed at 2 years and 6 months’ confinement in the state penitentiary.

The only bill of exceptions in the record complains that the jury was unauthorized to assess the punishment at 2 ½ years, and that a verdict must fix the punishment in years, and not a fractional part of a year. Article 1026 of the Penal Code provides the punishment to be assessed shall not be less than 2 years nor more than 15. Within these limits the jury has authority to fix the term of imprisonment at any length of time deemed advisable.

The special charge requested was fully covered by the court’s main charge, and under such circumstances there was no errorin refusing it.

The only other, question presented is, it is insisted that the evidence is insufficient to sustain the conviction. If the evidence for the state was believed by the jury, it makes a plain case 'of assault to murder.

The judgment is affirmed.  