Gallier v. State
This text of 182 S.W. 306 (Gallier 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
Appellant was convicted of •ordinary burglary, not of a private residence, and his punishment assessed at five years in the penitentiary. The jury in their verdict found proper facts and recommended a suspension of his sentence. This the court did in his judgment. Upon the court overruling his motion for a mew trial, he gave notice of appeal to this court. The trial court should mot have permitted notice of appeal to have been given, for, under the suspended sentence law, an accused can not appeal from the conviction, and can only do so when proper sentence is later, if at all, pronounced against him. Bierman v. State, 73 Texas Crim. Rep., 284. The appeal in this case is, therefore, dismissed.
Dismissed.
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Cite This Page — Counsel Stack
182 S.W. 306, 78 Tex. Crim. 534, 1916 Tex. Crim. App. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallier-v-state-texcrimapp-1916.