Jones v. State

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

Opinion

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.