
    L. C. McINTYRE v. STATE.
    (No. 9218.)
    (Court of Criminal Appeals of Texas.
    March 11, 1925.)
    Appeal from Criminal District Court, Tarrant County; Geo. E. Hosey, Judge.
    Tom Garrard, State’s Atty., and Grover C. Morris, Asst. State’s Atty., both of Austin, for the State.
   LATTIMORE, J.

Appellant was convicted in the criminal district court of Tarrant county of possessing equipment for the manufacture of intoxicating liquor, and his punishment fixed at three years in the penitentiary. The record is before us without any statement of facts or bills of exception. There was an application for a continuance, but its refusal is not complained of by any bill of exceptions, and in this condition of the record it has been uniformly held that we cannot consider same. In the absence of a statement of facts it would be impossible for us to ascertain or determine the materiality of the absent testimony. Our attention is attracted by the fact that the judgment and sentence of the court are for a definite period of three years.. This is not in conformity with the directions of our indeterminate sentence law, and the judgment and sentence will now be reformed and corrected, so as to assess the punishment of appellant in the judgment, and direct that it be administered in the sentence for a period of not less than one n-or more than three years. As reformed, the judgment will be affirmed.  