Fitch v. State

Court of Criminal Appeals of Texas

Fitch v. State

235 S.W.2d 896, 1951 Tex. Crim. App. LEXIS 1986

CourtCourt of Criminal Appeals of Texas

DecidedJanuary 24, 1951

DocketNo. 25110

StatusPublished

Cited by1 cases

This text of 235 S.W.2d 896 (Fitch 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.

Bluebook

Fitch v. State, 235 S.W.2d 896, 1951 Tex. Crim. App. LEXIS 1986 (Tex. 1951).

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Opinion

GRAVES, Presiding Judge.

Appellant was convicted of the offense of theft of property over the value of $50.00 and sentenced to a term of five years in the state penitentiary. •

[897]*897He asked that his sentence be suspended in the event of a conviction and for a sentence of not more than five years. The jury granted his application and recommended a suspension of sentence, and the court entered such order. However, there is no final order herein, and lacking such, we have no jurisdiction of his appeal. See Bierman v. State, 73 Tex.Cr.R. 284, 164 S.W. 840; Gallier v. State, 78 Tex.Cr.R. 534, 182 S.W. 306; Thomas v. State, 87 Tex.Cr.R. 153, 219 S.W. 1100; Lamkin v. State, 138 Tex.Cr.R. 311, 136 S.W.2d 225; Cisneros v. State, 147 Tex.Cr.R. 123, 179 S.W.2d 313; also Article 779, Vernon’s Ann.C.C.P.

The appeal is therefore dismissed.

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GRAVES, Presiding Judge.

Appellant was convicted of the offense of theft of property over the value of $50.00 and sentenced to a term of five years in the state penitentiary. •

[897]*897He asked that his sentence be suspended in the event of a conviction and for a sentence of not more than five years. The jury granted his application and recommended a suspension of sentence, and the court entered such order. However, there is no final order herein, and lacking such, we have no jurisdiction of his appeal. See Bierman v. State, 73 Tex.Cr.R. 284, 164 S.W. 840; Gallier v. State, 78 Tex.Cr.R. 534, 182 S.W. 306; Thomas v. State, 87 Tex.Cr.R. 153, 219 S.W. 1100; Lamkin v. State, 138 Tex.Cr.R. 311, 136 S.W.2d 225; Cisneros v. State, 147 Tex.Cr.R. 123, 179 S.W.2d 313; also Article 779, Vernon’s Ann.C.C.P.

The appeal is therefore dismissed.

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Bluebook (online)

235 S.W.2d 896, 1951 Tex. Crim. App. LEXIS 1986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitch-v-state-texcrimapp-1951.

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