
    DUNCAN v. STATE.
    (No. 9311.)
    (Court of Criminal Appeals of Texas.
    June 10, 1925.)
    1. Criminal law <®=I090(I) — Record, containing neither statement of facts nor bills of exception, presents nothing for review.
    Record, containing neithef statement of facts nor bills of exception, presents nothing for review.
    2. Criminal law <§=> 1184 — Sentence, failing to give defendant benefit of indeterminate feature under statute, reformed.
    Sentence, failing to give defendant benefit of indeterminate feature under Vernon’s Ann. Code Cr. Proe. 1916, art. 865a, reformed.
    Appeal from District Court, Houston County; Ben F. Dent, Judge.
    T. B. Duncan was convicted for transporting intoxicating liquor, and he appeals.
    Sentence reformed, and judgment affirmed.
    Gordon Lawson, of Crockett, for appellant.
    Tom Garrard, State’s Atty., and Grover C. Morris, Asst. State’s Atty., both of Austin, for the State.
   HAWKINS, J.

Appellant is under conviction for transporting intoxicating liquor, his punishment being three years in the penitentiary.

The record contains neither statement of facts nor bills of exception. In such condition nothing is presented for review. However, we observe that the sentence fails to give appellant the benefit of the indeterminate feature under the provisions of article 865a, Vernon’s Ann. Code Cr. Proc. 1916.

The sentence will be reformed to read that appellant shall' be confined in the penitentiary not less than one year nor more than three years.

As so reformed, the judgment is affirmed.  