Polhemus v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

Appellant was convicted of the offense of theft over $200.00 by a jury. The trial court assessed punishment at imprisonment for 10 years in the Texas Department of Corrections.

The Court of Appeals found that the appellant had died on March 23, 1983. On the basis of King v. State, 379 S.W.2d 907 (Tex. Cr.App.1964) the court of appeals held that: “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.” Polhemus v. State, 654 S.W.2d 545…