Lindsey v. State

Court of Criminal Appeals of Texas

Lindsey v. State

176 S.W.2d 940, 146 Tex. Crim. 530, 1944 Tex. Crim. App. LEXIS 792

Procedural entryThis page is a short order in Lindsey v. State. Read the opinion of the Court — 146 Tex. Crim. 459 →

Court of Criminal Appeals of Texas·Decided January 12, 1944·No. No. 22697.·Published

Opinion

BEAUCHAMP, Judge.

Appellant was assessed a fine of $250.00 on a charge of possessing intoxicating liquor for the purpose of sale.

By Bill of Exception No. 3, it is shown that the State did not present any pleading to the court, either indictment or information,’ and that the defendant did not enter any plea to such. This being true, the court had nothing before it as a basis for the evidence and for the judgment rendered.

Because there was no proper judgment entered, other matters presented in the appeal will not be discussed.

The judgment of the trial court is reversed and the cause is remanded.

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BEAUCHAMP, Judge.

Appellant was assessed a fine of $250.00 on a charge of possessing intoxicating liquor for the purpose of sale.

By Bill of Exception No. 3, it is shown that the State did not present any pleading to the court, either indictment or information,’ and that the defendant did not enter any plea to such. This being true, the court had nothing before it as a basis for the evidence and for the judgment rendered.

Because there was no proper judgment entered, other matters presented in the appeal will not be discussed.

The judgment of the trial court is reversed and the cause is remanded.

Lindsey v. State, 176 S.W.2d 940, 146 Tex. Crim. 530, 1944 Tex. Crim. App. LEXIS 792 (Tex. 1944).

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176 S.W.2d 940 (Lindsey v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.