Shannon v. State
Texas Supreme Court
Appeal from Montgomery. The appellant was indicted and found guilty under the 67th section of the act concerning crimes and punishments. He moved for a new trial, which was granted liim on payment of costs. From this judgment he appealed.
1Opinion of the CourtWheeler, J.
'The appellant complains of the terms on which a new trial was awarded him; but this was a mere incidental order, from which no appeal lies. We have heretofore decided that an appeal does not lie until final judgment in a civil case, and the same rule applies in criminal cases. The act regulating appeals hy the accused in criminal cases evidently contemplates the exercise of this right only after conviction. (Hart. Dig., arts. 476, 477, 478.)
It is very clear that a party cannot appeal from a judgmeut awarding a new trial in his favor and granted at his instance.
Appeal dismissed.
2Cited by5 opinions
- McLellan v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Mayfield v. StateTexas Supreme Court · 1874
- Burrell v. StateTexas Supreme Court · 1856
- McCorquodale v. StateCourt of Criminal Appeals of Texas · 1905
- Smith v. StateCourt of Appeals of Texas · 1876