
    PERALES v. STATE.
    (No. 3376.)
    (Court of Criminal Appeals of Texas.
    Jan. 13, 1915.)
    Criminal Law (§ 1184*) — Sentence—Reformation.
    Where the sentence of the court below, instead of conforming to the indeterminate sentence act, assessed punishment for homicide at a fixed term of 25 years, it will be reformed, and judgment entered accordingly.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 3199, 3200; Dec. Dig. § 1184.*]
    Appeal from District Court, Bexar County; W. S. Anderson, Judge.
    Pedro Perales was convicted of homicide, and he appeals.
    Reformed and affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
   PRENDERGAST, P. J.

Appellant is one of the parties indicted for the murder of Deputy Sheriff Ortiz, of Dimmitt county. It is a companion case of that of Vasquez (172 S. W. 225), Serratto (171 S. W. 1133), Gonzales (171 S. W. 1146, 1149), and others heretofore decided by this court. The jury convicted him and assessed his punishment at 25 years in the penitentiary.

The record in this case and the questions in it are precisely the same as those in the Vasquez Case, 172 S. W. 225, affirmed by this court on December 23, 1914. The opinion of the court in that case decides every question that is raised and necessary to be decided in this. The two cases are precisely the same, only different defendants. We refer to the opinion in that ease, and adopt it as the opinion in this case.

The sentence of the court below, instead of conforming to our indeterminate sentence act, assesses the punishment at a fixed time of 25 years. The sentence of the lower court is therefore reformed, and the clerk of this court will enter the judgment accordingly.

Reformed and affirmed.  