Oliver v. State

Court of Criminal Appeals of Texas

Oliver v. State

253 S.W. 284, 95 Tex. Crim. 261, 1923 Tex. Crim. App. LEXIS 572

CourtCourt of Criminal Appeals of Texas

DecidedJune 29, 1923

DocketNo. 7840.

StatusPublished

This text of 253 S.W. 284 (Oliver 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

Oliver v. State, 253 S.W. 284, 95 Tex. Crim. 261, 1923 Tex. Crim. App. LEXIS 572 (Tex. 1923).

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Opinion

MORROW, Presiding Judge.

— The offense is murder; punishment fixed at confinement in the penitentiary for life.

The record fails to show that the appellant was sentenced. In the absence of the sentence, which is the final judgment, the jurisdiction of this court does not attach. If, in fact, he was sentenced, the record may be corrected by motion for rehearing or by writ of certiorari. If he was not sentenced, he may appeal from the judgment when it is made final. °

As the matter is now before this court, it has no option but to dismiss the appeal for want of jurisdiction. It is so ordered.

Dismissed.

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MORROW, Presiding Judge.

— The offense is murder; punishment fixed at confinement in the penitentiary for life.

The record fails to show that the appellant was sentenced. In the absence of the sentence, which is the final judgment, the jurisdiction of this court does not attach. If, in fact, he was sentenced, the record may be corrected by motion for rehearing or by writ of certiorari. If he was not sentenced, he may appeal from the judgment when it is made final. °

As the matter is now before this court, it has no option but to dismiss the appeal for want of jurisdiction. It is so ordered.

Dismissed.

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Bluebook (online)

253 S.W. 284, 95 Tex. Crim. 261, 1923 Tex. Crim. App. LEXIS 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oliver-v-state-texcrimapp-1923.