
    Ex parte McCARTY.
    (No. 9901.)
    (Court of Criminal Appeals of Texas.
    Nov. 18, 1925.)
    Criminal law <&wkey;>-1208(9) — Indeterminate sentence law inapplicable to sentence on conviction for robbery, where minimum punishment imposed.
    Vernon’s Code Cr. Rroe. 1916, art. 865a (Code Cr. Proc. 1925, art. 775), relating to indeterminate sentences, has no application to a sentence of five years on a conviction for robbery, since minimum punishment was imposed.
    Application for writ of habeas corpus by Street McCarty.
    Writ denied. \
    Sam D. Stinson, State’s Atty., of Austin, and Nat Gentry, Jr., Asst. State’s Atty., of Tyler, for the State.
   HAWKINS, J.

Relator is confined in the penitentiary under a judgment of the district court of Wichita county condemning him to the penitentiary for five years upon a conviction for the offense of robbery. He seems to think he has been deprived of some rights under the provisions of article 865a. Vernon’s C. C. P. (article 775, 1925 Revision), relating to indeterminate sentences, and presents his application 'to this court praying for writ of habeas corpus.

The minimum punishment for the offense of robbery is confinement in tlu penitentiary for five years. Relator was awarded the lowest penalty; hence the indeterminate sentence law has no application.

The writ is- denied.  