
    FORD v. STATE.
    (No. 3607.)
    (Court of Criminal Appeals of Texas.
    June 16, 1915.)
    Criminal Law <&wkey;1206 — Punishment—'Verdict and Sentence.
    The verdict being for two years, the court cannot, under the indeterminate sentence law, pronounce sentence of not less than two years nor more than five years; for the punishment cannot exceed that fixed by the jury, and, if this exceeds the minimum, the sentence should be not in excess of that fixed by the jury, nor less than the minimum.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. 3271-3277, 3279, 3280; Dec. Dig. <&wkey;120Q.]
    Appeal from Criminal District Court, Harris County; C. W. Robinson, Judge.
    Squire Ford was convicted, and appeals.
    Corrected and affirmed.
    C. C. McDonald, Asst. Atty. Gen., for the State.
   DAVIDSON, J.

Appellant was convicted of assault to murder, his punishment being assessed at two years’ confinement in the penitentiary.

In the absence of statement of facts and bills of exception, there is nothing presented in the motion for new trial that can be reviewed.

The verdict of the jury was for two years. The court pronounced sentence on appellant for not less than two nor more than five years. This the court could not do under the indeterminate sentence law. The punishment cannot exceed the amount of punishment fixed by the jury. If it was in excess of the minimum punishment, then under the indeterminate sentence law the sentence should not be in excess of that fixed by the jury, nor less than the minimum punishment.

With this correction, the judgment will be affirmed.  