
    COTHRUM v. STATE.
    No. 22838.
    Court of Criminal Appeals of Texas.
    May 17, 1944.
    Robert L. Hurt, of Dallas, for appellant.
    Ernest S. Goens, State’s Atty., of Austin, for the State.
   GRAVES, Judge.

Appellant was convicted of forgery, and by the jury assessed a penalty of two years in the State penitentiary.

The record fails to show that appellant has ever been sentenced as is required by Art. 769, Vernon’s Ann. C.C.P., and cases there cited, the conviction being for a felony less than capital.

The appeal is therefore dismissed.  