Legal Opinion

Nicholson v. State

Court of Criminal Appeals of Texas

Decided May 23, 1928No. 11794PublishedCited by 9 opinions

1Opinion of the Court

LATTIMORE, Judge.

Conviction for driving an automobile on a public road while intoxicated; punishment, a fine of $50.00, and confinement in the county jail for sixty days.

This is a felony case, the punishment being confinement in the penitentiary, or in the alternative a fine. Art. 47 P. C. It is uniformly held that to give this court jurisdiction upon appeal in a felony case, the transcript must show that sentence appears in the record in this case.

The State’s Attorney calls attention to the fact that the recognizance in this case is fatally defective. The form for a recognizance in felony…

2Cited by9 opinions

  1. Herring v. StateCourt of Criminal Appeals of Texas · 1931
  2. Keding v. StateCourt of Criminal Appeals of Texas · 1940
  3. Riley v. StateCourt of Criminal Appeals of Texas · 1939
  4. Bernard v. StateCourt of Criminal Appeals of Texas · 1943
  5. McMullen v. StateCourt of Criminal Appeals of Texas · 1936

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