Cohen v. State
This text of 428 S.W.2d 811 (Cohen v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION
The conviction is under Art. 1265, P.C., for the offense of seriously threatening to take human life; the punishment, a fine of $125.
The record on appeal does not contain a sentence pronounced by the court, as provided by Art. 40.09-1, C.C.P. of 1965.
Under the provisions of the Code, it was the duty of the trial court to pronounce sentence upon the judgment rendered in the cause. See: Arts. 42.02, 42.03, 42.04, C.C.P.; Rivera v. State, Tex.Cr.App., 403 S.W.2d 130; Clemons v. State, Tex.Cr. App., 414 S.W.2d 940.
In the absence of a sentence, this court is without jurisdiction of the appeal.
The appeal is dismissed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
428 S.W.2d 811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-state-texcrimapp-1968.