Hostetter v. State

Court of Criminal Appeals of Texas

Hostetter v. State

117 S.W.2d 110, 135 Tex. Crim. 22, 1938 Tex. Crim. App. LEXIS 531

Court of Criminal Appeals of Texas·Decided June 1, 1938·No. No. 19814.·Published

Opinion

Hawkins, Judge.

Conviction is for misdemeanor swindling, punishment assessed being by fine of $100.00 and 30 days in jail.

The record contains neither statement of facts nor bills of exception, and would ordinarily call for an affirmance.

However, we observe that while the transcript contains a verdict of guilty, no judgment thereon is shown to have been entered. If there is no judgment no appeal will lie. Donegan v. State, 89 Texas Crim. Rep. 193, 230 S. W. 166; McCallum v. State, 112 Texas Crim. Rep. 173, 15 S. W. (2d) 1049; Articles 783 and 784, C. C. P. (1925).

The appeal is dismissed.

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Hawkins, Judge.

Conviction is for misdemeanor swindling, punishment assessed being by fine of $100.00 and 30 days in jail.

The record contains neither statement of facts nor bills of exception, and would ordinarily call for an affirmance.

However, we observe that while the transcript contains a verdict of guilty, no judgment thereon is shown to have been entered. If there is no judgment no appeal will lie. Donegan v. State, 89 Texas Crim. Rep. 193, 230 S. W. 166; McCallum v. State, 112 Texas Crim. Rep. 173, 15 S. W. (2d) 1049; Articles 783 and 784, C. C. P. (1925).

The appeal is dismissed.

Hostetter v. State, 117 S.W.2d 110, 135 Tex. Crim. 22, 1938 Tex. Crim. App. LEXIS 531 (Tex. 1938).

Pincite

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Opinion

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