Jones v. State

Court of Criminal Appeals of Texas

Jones v. State

229 S.W. 323, 89 Tex. Crim. 40, 1921 Tex. Crim. App. LEXIS 346

CourtCourt of Criminal Appeals of Texas

DecidedMarch 16, 1921

DocketNo. 6146.

StatusPublished

This text of 229 S.W. 323 (Jones 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

Jones v. State, 229 S.W. 323, 89 Tex. Crim. 40, 1921 Tex. Crim. App. LEXIS 346 (Tex. 1921).

Pincite

Opinion

*41 HAWKINS, Judge.

The appellant was convicted for a violation of the prohibition statute and given three years in the penitentiary.

The case is before us without a statement of facts and with no bills of exception, and an examination of the record discloses that there is an absence of a showing that sentence was ever passed upon the appellant. “In an appeal from a judgment of conviction in a case where the punishment assessed is imprisonment in the penitentiary, the record must contain the sentence,—which is the final judgment,—or the appeal will be dismissed.” Branch’s Ann. P. C., p. 338, Sec. 667, and many cases cited thereunder.

The appeal is ordered dismissed.

Dismissed.

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*41 HAWKINS, Judge.

The appellant was convicted for a violation of the prohibition statute and given three years in the penitentiary.

The case is before us without a statement of facts and with no bills of exception, and an examination of the record discloses that there is an absence of a showing that sentence was ever passed upon the appellant. “In an appeal from a judgment of conviction in a case where the punishment assessed is imprisonment in the penitentiary, the record must contain the sentence,—which is the final judgment,—or the appeal will be dismissed.” Branch’s Ann. P. C., p. 338, Sec. 667, and many cases cited thereunder.

The appeal is ordered dismissed.

Dismissed.

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Bluebook (online)

229 S.W. 323, 89 Tex. Crim. 40, 1921 Tex. Crim. App. LEXIS 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-state-texcrimapp-1921.