Polhemus v. State

Court of Appeals of Texas

Polhemus v. State

654 S.W.2d 545, 1983 Tex. App. LEXIS 4676

CourtCourt of Appeals of Texas

DecidedJune 9, 1983

DocketNo. C14-81-681-CR

StatusPublished

Cited by1 cases

This text of 654 S.W.2d 545 (Polhemus v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Polhemus v. State, 654 S.W.2d 545, 1983 Tex. App. LEXIS 4676 (Tex. Ct. App. 1983).

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Opinion

JUNELL, Justice.

Appellant was convicted by a jury of theft of property of the value of over two hundred dollars and under ten thousand [546]*546dollars; the court assessed punishment at ten years imprisonment.

This court has been informed by way of proper affidavit that appellant died on March 23,1983. The death of the appellant deprives the court of further jurisdiction over the case. King v. State, 379 S.W.2d 907 (Tex.Cr.App.1964). Accordingly, the appeal is abated, the cause is remanded to the trial court with instructions to set aside the judgment and dismiss the indictment for want of jurisdiction.

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JUNELL, Justice.

Appellant was convicted by a jury of theft of property of the value of over two hundred dollars and under ten thousand [546]*546dollars; the court assessed punishment at ten years imprisonment.

This court has been informed by way of proper affidavit that appellant died on March 23,1983. The death of the appellant deprives the court of further jurisdiction over the case. King v. State, 379 S.W.2d 907 (Tex.Cr.App.1964). Accordingly, the appeal is abated, the cause is remanded to the trial court with instructions to set aside the judgment and dismiss the indictment for want of jurisdiction.

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654 S.W.2d 545, 1983 Tex. App. LEXIS 4676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/polhemus-v-state-texapp-1983.

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