Legal Opinion

Hinman v. State

Court of Criminal Appeals of Texas

Decided October 28, 1908No. 4050PublishedCited by 22 opinions

Appeal from the District Court of Eastland. Tried! below before the Hon. J. H. Calhoun. Appeal from a conviction of seduction; penalty, two years imprisonment in the penitentiary. The opinion states the case.

1Opinion of the Court

DAVID'S OH, Presiding Judge.

Appellant was convicted at the August Term, 1907, of -the offense of seduction. Motion for a new trial was overruled1 'and notice of appeal was given. On account of the sickness of the judge or for some cause, sentence was not pronounced at that term of the court. Sentence was, however, at the following January Term, passed! upon appellant. Hnder thi's state of the case, the question is, had the court the legal authority to pass sentence when he did. tinder our statute and decisions this question must he answered in the negative.

Article 837 Criminal Code Procedure…

2Cases cited1 opinion

  1. Estes v. StateCourt of Criminal Appeals of Texas · 1898

3Cited by22 opinions

  1. Houlihan v. StateCourt of Criminal Appeals of Texas · 1979
  2. Ex Parte PaprskarCourt of Criminal Appeals of Texas · 1978
  3. Ex Parte BrownCourt of Criminal Appeals of Texas · 1972
  4. Acuff v. StateCourt of Criminal Appeals of Texas · 1924
  5. Le Bove v. StateCourt of Criminal Appeals of Texas · 1943

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