Choate v. State
Court of Appeals of Texas
Appeal from the District Court of Falls. Tried below before the Hon. B. X. Saunders. The head-note shows the judgment as entered up.
1Opinion of the CourtEctor, P. J.
The motion of the counsel for the state to dismiss this appeal for the want of.a final judgment must be granted. The entry in the court below, by which it was, doubtless, supposed a final judgment was rendered in the case, does not contain the requisites of a final judgment of conviction, from which only a defendant is allowed to appeal in a criminal case, except in a matter of habeas corpus. Pasc. Dig., Art. 3183. See the case of Mayfield v. The State, 40 Texas, 289, and also the case of Anschincks v. The State, 43 Texas, 587.
The. entry in this case at bar, from which we learn the action of…
2Cases cited2 opinions
- Mayfield v. StateTexas Supreme Court · 1874
- Anschincks v. StateTexas Supreme Court · 1875