
    BERING v. STATE.
    (No. 3174.)
    (Court of Criminal Appeals of Texas.
    June 17, 1914.)
    Criminal Law (§ 1208*)— Sentences — Indeterminate Sentences.
    Under the indeterminate sentence law, where the jury assessed the punishment for burglary at five years’ imprisonment, accused should have been sentenced for not less than two nor more than five years.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 3281-3287, 3289-3295; Dec. Dig. § 1208.*]
    Appeal from District Court, Tarrant County ; R. H. Buck, Judge.
    Walter Bering was convicted of burglary, and he appeals.
    Judgment reformed and affirmed.
    'C. E. Lane, Asst. Atty. Gen., for the State.
   DAVIDSON, J.

This record is before us without a statement of facts or bills of exception. The conviction was for burglary, the jury assessing a punishment of five years’ confinement in the penitentiary. In the judgment pronouncing sentence the court fixed a definite term of five years, as found by the jury. This will be reformed under the indeterminate sentence law, so as to fix the punishment at not less than two nor more than five years.

With this correction and reforming of judgment and sentence, this judgment .will be affirmed. The clerk will enter the proper correction, reforming the sentence and judgment.  