Legal Opinion

Dorsey v. State

Court of Criminal Appeals of Texas

Decided March 19, 1930No. 13000PublishedCited by 1 opinion

The opinion states the case.

1Opinion of the Court

Conviction for cattle theft; punishment, three years in the penitentiary.

An examination of this record reveals the fact that same nowhere sets out any sentence. In the absence of a sentence this court is without jurisdiction. The sentence in a felony case is the final judgment in the cause, Arcia v. State, 26 Texas Crim. App. 193, and must be pronounced before an appeal can be prosecuted. Williams v. State, 99 Tex.Crim. Rep.; Ridge v. State, 96 Tex.Crim. Rep.; Stanford v. State,99 Tex. Crim. 394.

Because of the lack of a sentence the appeal will be dismissed.

Dismissed.

ON MOTION TO REINSTATE.

2Cases cited1 opinion

  1. Stanford v. StateCourt of Criminal Appeals of Texas · 1925

3Cited by1 opinion

  1. Estell v. StateCourt of Criminal Appeals of Texas · 1932