
    KIRVEN v. STATE.
    (No. 4059.)
    (Court of Criminal Appeals of Texas.
    May 10, 1916.)
    Criminal Law <&wkey;1184 — Appeal — Affirmance.
    Where the jury assessed punishment for murder at 10 years, and the judge sentenced the defendant for only 2 years, on appeal it was necessary to reform the sentence to conform with the indeterminate sentence law.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 3199, 3200; Dec. Dig. <&wkey;> 1184.]
    Appeal from District Court, Freestone-County ; A. M. Blackmon, Judge. '
    Benton Kirven was convicted of murder, and he appeals. Reformed and affirmed.
    C. C. McDonald, Asst. Atty. Gen., for the State.
   PRENDERGAST, P. J.

On a conviction of murder, with 10 years in the penitentiary assessed as punishment, this appeal was prosecuted.

There is no statement of facts or bills of exceptions in the record, and nothing for review in the absence of these. However, the verdict assesses the punishment at 10 years. The sentence is for 2 years only. It will therefore be necessary for the sentence to be reformed to conform to our indeterminate sentence law, which is ordered.

The judgment will be reformed and affirmed.  