Conviction is for assault with intent to murder. Punishment, five years confinement in the penitentiary. *Page 633
The record before us is without sentence. After conviction of any offense less than capital, sentence is a prerequisite to an appeal. See Article 856, Vernon's C.C.P. and authorities collated thereunder. Thomas v. State, 89 Tex.Crim. Rep..
In the present state of the record this court has no jurisdiction to review the case, and the appeal is dismissed.
Dismissed.