Kinch v. State

Court of Criminal Appeals of Texas

Kinch v. State

150 S.W. 610, 67 Tex. Crim. 573, 1912 Tex. Crim. App. LEXIS 492

Court of Criminal Appeals of Texas·Decided October 23, 1912·No. No. 1827.·Published

Opinion

HARPER, Judge.

—In this case the record fails to disclose that the defendant has ever been sentenced by the court trying the case. This being a conviction for a felony, in which the punishment assessed is only ten years confinement in the penitentiary, under article 856 of the Bevised Code of Criminal Procedure an appeal will not lie until sentence has been pronounced and entered of record. Arcia v. State, 26 Texas Crim. App., 193; Heinzman v. State, 34 Texas Crim. Rep., 76; Hinman v. State, 54 Texas Crim. Rep., 434.

The appeal is dismissed.

Dismissed.

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HARPER, Judge.

—In this case the record fails to disclose that the defendant has ever been sentenced by the court trying the case. This being a conviction for a felony, in which the punishment assessed is only ten years confinement in the penitentiary, under article 856 of the Bevised Code of Criminal Procedure an appeal will not lie until sentence has been pronounced and entered of record. Arcia v. State, 26 Texas Crim. App., 193; Heinzman v. State, 34 Texas Crim. Rep., 76; Hinman v. State, 54 Texas Crim. Rep., 434.

The appeal is dismissed.

Dismissed.

Kinch v. State, 150 S.W. 610, 67 Tex. Crim. 573, 1912 Tex. Crim. App. LEXIS 492 (Tex. 1912).

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Opinion

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