Gallier v. State

182 S.W. 306, 78 Tex. Crim. 534, 1916 Tex. Crim. App. LEXIS 22

Opinion

PBENDEBGAST, PresidiNg Judge.

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.