Roberts v. State

Court of Criminal Appeals of Texas

Roberts v. State

267 S.W. 980, 99 Tex. Crim. 46, 1925 Tex. Crim. App. LEXIS 40

CourtCourt of Criminal Appeals of Texas

DecidedJanuary 30, 1925

DocketNo. 8661.

StatusPublished

This text of 267 S.W. 980 (Roberts 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

Roberts v. State, 267 S.W. 980, 99 Tex. Crim. 46, 1925 Tex. Crim. App. LEXIS 40 (Tex. 1925).

Pincite

Opinion

LATTIMORE, Judge.

Appellant was convicted in the district court of assault with intent to murder, and his punishment fixed at two years in the penitentiary.

An inspection of the record shows that it contains no final judgment. Under the numerous authorities collated by Mr. Vernon on Page 870 of his Annotated C. C. P., this court will be compelled to dismiss the appeal from the lack of such judgment. In this connection and inasmuch as the record may be corrected by the insertion of such judgment if there be one, attention is also called to the fact that the case appears to have been tried before a special judge and there appears in the record no document exhibiting the selection or qualification of such judge. This should be done.

The appeal is dismissed.

Dismissed.

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LATTIMORE, Judge.

Appellant was convicted in the district court of assault with intent to murder, and his punishment fixed at two years in the penitentiary.

An inspection of the record shows that it contains no final judgment. Under the numerous authorities collated by Mr. Vernon on Page 870 of his Annotated C. C. P., this court will be compelled to dismiss the appeal from the lack of such judgment. In this connection and inasmuch as the record may be corrected by the insertion of such judgment if there be one, attention is also called to the fact that the case appears to have been tried before a special judge and there appears in the record no document exhibiting the selection or qualification of such judge. This should be done.

The appeal is dismissed.

Dismissed.

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Bluebook (online)

267 S.W. 980, 99 Tex. Crim. 46, 1925 Tex. Crim. App. LEXIS 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-state-texcrimapp-1925.