Riley v. State

KRUEGER, Judge.

The conviction is for robbery. The punishment is assessed at confinement in the state penitentiary for a term of five years.

The only question presented for review is whether the court had the legal authority to pass sentence upon appellant at a subsequent term, and after the court at the preceding term had overruled a motion for a new trial, to which appellant had excepted and given notice of appeal.

Art. 768, C. C. P. (As amended Acts 1931, 42nd. Leg. p. 129, ch. 86, Sec. 1) reads as follows: “If a new trial is not granted, nor the judgment arrested, in a felony case, the…