Smith v. State
Court of Appeals of Texas
Appeal from, the District Court of McLennan. Tried below before the Hon. J. H. Banton. The appellant was indicted at the December term, 1872, of the district court of McLennan county for the murder of one Luce. At the April term, 1873, he was tried, and the jury found him guilty of murder in the second degree, and assessed his punishment at seventeen years’, imprisonment in the penitentiary.
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Appeal from, the District Court of McLennan. Tried below before the Hon. J. H. Banton. The appellant was indicted at the December term, 1872, of the district court of McLennan county for the murder of one Luce. At the April term, 1873, he was tried, and the jury found him guilty of murder in the second degree, and assessed his punishment at seventeen years’, imprisonment in the penitentiary. No final judgment, however, was rendered at that term, though a motion for a new trial was overruled, and notice of appeal given by the accused; and it appears that, in pursuance of the notice, the appeal…
1Opinion of the CourtWinkler, J.
At the time the first appeal in this case was *410taken no final judgment of conviction had been entered against the accused in the district court from which an appeal could have been taken; and, therefore, the supreme-court had no jurisdiction of the case, and could not have done more than dismiss it from the docket.
An appeal will not lie, in either a civil or a criminal cause, until after final judgment. Shannon v. The State, 7 Texas, 492. But especially is this the case in criminal proseentions. Burrell v. The State, 16 Texas, 147; Calvin v. The State, 23 Texas, 577. In the last-named case,…
2Cases cited12 opinions
- Martin v. StateTexas Supreme Court · 1874
- Mayfield v. StateTexas Supreme Court · 1874
- Arthur v. StateTexas Supreme Court · 1848
- Burrell v. StateTexas Supreme Court · 1856
- Johnson v. SmithTexas Supreme Court · 1855
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