State v. Welch

BOYD, Justice.

In this proceeding, the State attempts to appeal from an instrument denominated, “Order Declaring Instructed Verdict.” It argues that it had the right to bring this appeal pursuant to Texas Code of Criminal Procedure article 44.01(a)(1) (Vernon Supp. 1991). 1 We disagree and dismiss the appeal for lack of jurisdiction.

In two points of error, the State asserts (1) the trial court abused its discretion in denying the State’s motion for continuance and thereby effectively dismissed the State’s information and complaint; and (2) the trial court was without power to make any…