Parnell v. State

Court of Criminal Appeals of Texas

Parnell v. State

27 S.W.2d 192, 115 Tex. Crim. 507, 1930 Tex. Crim. App. LEXIS 548

CourtCourt of Criminal Appeals of Texas

DecidedMarch 19, 1930

DocketNo. 13146.

StatusPublished

Cited by2 cases

This text of 27 S.W.2d 192 (Parnell 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

Parnell v. State, 27 S.W.2d 192, 115 Tex. Crim. 507, 1930 Tex. Crim. App. LEXIS 548 (Tex. 1930).

Pincite

Opinions

The offense is murder; punishment fixed at confinement in the penitentiary for a period of fifteen years.

The State's motion to dismiss the appeal must be sustained. The recognizance states that the appellant was "accused" of the offense of murder. The statute authorizing an appeal requires that the recognizance show that he was "convicted" of a felony. See Art. 817, C. C. P., 1925; Wilmering v. State, 100 Tex. Crim. 169. When the appellant is at liberty, the jurisdiction of this court to pass upon the merits of the appeal can be invoked alone by a recognizance such as prescribed by Art. 817, or by a bond as prescribed in Art. 818, C. C. P.

For the reasons stated the appeal is dismissed. The appeal may be reinstated by compliance with Art. 835, C. C. P., within fifteen days from this date.

Dismissed.

APPEAL REINSTATED.

Free access — add to your briefcase to read the full text and ask questions with AI

The offense is murder; punishment fixed at confinement in the penitentiary for a period of fifteen years.

The State's motion to dismiss the appeal must be sustained. The recognizance states that the appellant was "accused" of the offense of murder. The statute authorizing an appeal requires that the recognizance show that he was "convicted" of a felony. See Art. 817, C. C. P., 1925; Wilmering v. State, 100 Tex. Crim. 169. When the appellant is at liberty, the jurisdiction of this court to pass upon the merits of the appeal can be invoked alone by a recognizance such as prescribed by Art. 817, or by a bond as prescribed in Art. 818, C. C. P.

For the reasons stated the appeal is dismissed. The appeal may be reinstated by compliance with Art. 835, C. C. P., within fifteen days from this date.

Dismissed.

APPEAL REINSTATED.

Cite This Page — Counsel Stack

Bluebook (online)

27 S.W.2d 192, 115 Tex. Crim. 507, 1930 Tex. Crim. App. LEXIS 548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parnell-v-state-texcrimapp-1930.

Opinions

Related

Cite This Page — Counsel Stack