Williams v. State

ON MOTION EOR REHEARING.

HAWKINS, Judge.

Our attention is called to a matter we overlooked in ordering a dismissal of the appeal. The sentence was not passed upon, appellant until a subsequent term of court to that at which conviction occurred. The court could properly pronounce sentence at such subsequent term, (Art. 859, C. C. P. — Robinson v. State, 54 Texas Crim. Rep. 559; Jones v. State, 43 Texas Crim. Rep. 419) but until this was done the judgment did not become final and no appeal could be maintained until the judgment did become final, hence we were in error in dismissing the appeal,…