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Kelley v. State

91 S.W.2d 343, 130 Tex. Crim. 22, 1935 Tex. Crim. App. LEXIS 559
CourtCourt of Criminal Appeals of Texas
DecidedDecember 4, 1935
DocketNo. 17660.
StatusPublished
Cited by5 cases

This text of 91 S.W.2d 343 (Kelley 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
Kelley v. State, 91 S.W.2d 343, 130 Tex. Crim. 22, 1935 Tex. Crim. App. LEXIS 559 (Tex. 1935).

Opinions

The offense is driving an automobile upon a public highway while intoxicated; the punishment, confinement in the penitentiary for one year.

No sentence appears in the record. The offense of which appellant was convicted being a felony, it was the duty of the trial court to pronounce sentence upon the judgment of conviction. In the absence of a sentence this court is without jurisdiction. McCloud v. State, 60 S.W.2d 237.

The appeal is dismissed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

ON MOTION TO REINSTATE THE APPEAL.

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Related

Stockman v. State
120 S.W.2d 267 (Court of Criminal Appeals of Texas, 1938)
Woods v. State
114 S.W.2d 551 (Court of Criminal Appeals of Texas, 1938)
Bruce v. State
113 S.W.2d 538 (Court of Criminal Appeals of Texas, 1938)
Francis v. State
106 S.W.2d 279 (Court of Criminal Appeals of Texas, 1937)
Fulton v. State
101 S.W.2d 251 (Court of Criminal Appeals of Texas, 1937)

Cite This Page — Counsel Stack

Bluebook (online)
91 S.W.2d 343, 130 Tex. Crim. 22, 1935 Tex. Crim. App. LEXIS 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelley-v-state-texcrimapp-1935.