Legal Opinion · Dissent

Johnston v. State

Court of Criminal Appeals of Texas

Decided March 11, 1959No. 30373Published

1DissentDavidson, Judge

This court is without power or authority to entertain an appeal from an order nunc pro tunc.

By this decision, this court has now resolved itself into a “nunc pro tunc” court — that is, an appellate court authorized to review “nunc pro tunc” orders and decrees in a criminal case.

I can not help but wonder where this court obtains any such authority or jurisdiction. I confidently assert that no such authority or jurisdictional power exists and that such authority and power are assumed and are wholly unjustified.

The appellate jurisdiction of the Texas Court of Criminal Appeals is clearly stated…

2Cases cited4 opinions

  1. Elliott v. StateCourt of Criminal Appeals of Texas · 1951
  2. Lewis v. StateCourt of Criminal Appeals of Texas · 1950
  3. Skaggs v. StateCourt of Criminal Appeals of Texas · 1958
  4. Skaggs v. StateCourt of Criminal Appeals of Texas · 1958

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