Legal Opinion

Lawrence v. State

Texas Supreme Court

Decided July 1, 1855PublishedCited by 6 opinions

Error from Cherokee. The plaintiff in error was convicted, at the Spring Term, 1854, of murder in the second degree, and sent to the penitentiary for ten years. There was no entry in the record, of any action by the convict, during the Term, indicative of an intention to appeal. This writ of error was obtained in the ordinary mode pursued in civil cases, by application to the Clerk. The Attorney General moved to dismiss, for want of jurisdiction.

1Opinion of the CourtWheeler, J.

We have attentively considered the argument of counsel for the appellant, in support of the right to take jurisdiction of the case, as upon appeal; and are of opinion that it cannot be maintained. The apellate jurisdiction in criminal cases, having been conferred by the Constitution, “ with such exceptions and under such regulations as the Legislature shall makeand the Legislature having provided the mode in which appeals shall be taken in such cases, the prescribed mode must be pursued. In White v. The State, (11 *435Tex. R. 769,) and Alexander v. The State, (12 Id. 540,) the appeal was…

2Cited by6 opinions

  1. Baker v. StateCourt of Criminal Appeals of Texas · 1920
  2. Offield, Alias James v. StateCourt of Criminal Appeals of Texas · 1911
  3. Shute v. StateCourt of Criminal Appeals of Texas · 1988
  4. Shute v. StateCourt of Criminal Appeals of Texas · 1988
  5. Shute v. StateCourt of Criminal Appeals of Texas · 1988

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