
    POTTER v. STATE.
    (Court of Criminal Appeals of Texas.
    June 27, 1913.
    Rehearing Denied Oct. 15, 1913.)
    Criminal Law (§ 982*) — Suspension of Sentence — Power of Court.
    Where the questions involved in the suspended sentence law are submitted to the jury, who fail or refuse to recommend a suspension of the sentence, the court has no authority to suspend it.
    [Ed. Note.- — For other cases, see Criminal Law, Cent. Dig. §§ 2500, 2501; Dec. Dig. § 982.*]
    Appeal from District Court, Collin County; G. R. Smith, Special Judge.
    W. H. Potter was convicted of an offense, and he appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
   DAVIDSON, P. J.

This record is before us without a statement of facts or bill of exceptions. The questions involved in the suspended sentence law were submitted to the jury. They failed or refused to recommend suspension of the sentence. It is claimed that the court should have, despite the failure of the jury to so find, exercised the power of suspending the sentence. Under the authority of Roberts v. State, 158 S. W. 1003, decided at the present term of court, there was no error in this proceeding. The court is not authorized to suspend the sentence, except when the jury so find and recommend.

This judgment is therefore affirmed.  