Jones v. State

Court: Court of Criminal Appeals of Texas
Date filed: 1921-03-16
Citations: 229 S.W. 323, 89 Tex. Crim. 40, 1921 Tex. Crim. App. LEXIS 346
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Lead Opinion

The appellant was convicted for a violation of the prohibition statute and given three years in the penitentiary.

The case is before us without a statement of facts and with no bills of exception, and an examination of the record discloses that there is an absence of a showing that sentence was ever passed upon the appellant. "In an appeal from a judgment of conviction in a case where the punishment assessed is imprisonment in the penitentiary, the record must contain the sentence, — which is the final judgment, — or the appeal will be dismissed." Branch's Ann. P.C., p. 338, Sec. 667, and many cases cited thereunder.

The appeal is ordered dismissed.

Dismissed.