Calvin v. State
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. Charles A. Frazer. This was an indictment for murder.. There was a verdict of guilty, and on appeal by the defendant, no final judgment was rendered upon the verdict, but the entry, after recording the verdict and appeal by defendant, directed that the sentence of the court be suspended, to await the decision of the Supreme Court.
1Opinion of the CourtBell, J.
This appeal must be dismissed, because there is no final judgment in the court below. In the case of James Burrell and another against the State, 16 Texas Rep. 147, this court held, that where there is a verdict of guilty against the defendant in the court below, the judgment of the law upon the verdict must be entered on the minutes of the court, notwithstanding an appeal by the defendant; and that this court will dismiss the appeal for want of jurisdiction, if the proper judgment be not entered of record in the court below. The effect of the appeal is to stay sentence, but the judgment of…
2Cases cited1 opinion
- Burrell v. StateTexas Supreme Court · 1856
3Cited by9 opinions
- McLellan v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Mayfield v. StateTexas Supreme Court · 1874
- Steagald v. StateCourt of Appeals of Texas · 1886
- Nathan v. StateTexas Supreme Court · 1866
- Dooly v. StateTexas Supreme Court · 1871
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