Herford v. State

Court of Criminal Appeals of Texas

Herford v. State

447 S.W.2d 924, 1969 Tex. Crim. App. LEXIS 1163

CourtCourt of Criminal Appeals of Texas

DecidedDecember 10, 1969

DocketNo. 42625

StatusPublished

This text of 447 S.W.2d 924 (Herford 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

Herford v. State, 447 S.W.2d 924, 1969 Tex. Crim. App. LEXIS 1163 (Tex. 1969).

Pincite

Opinion

OPINION

ONION, Judge.

The offense is violation of the liquor law; the punishment, a $100 fine.

We are confronted with the same problem that we were confronted with in Bedell v. State, Tex.Cr.App., 443 S.W.2d 850 and cases there cited. See also Stuart v. State, Tex.Cr.App., 445 S.W.2d 743.

[925]*925It appears from the record that the sentence was untimely and improperly pronounced. See Article 42.03, Vernon’s Ann. C.C.P. If, however, sentence was properly pronounced, then notice of appeal was not given within ten days thereafter as required by Article 44.08, Vernon’s Ann. C.C.P.

It is clear that for either reason the appeal must be dismissed.

It is so ordered.

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