Russell v. State

BELCHER, Commissioner.

The conviction is for burglary; the punishment, five years in the penitentiary.

The judgment which appears in the record shows a conviction of one James Otis Powell. In the absence of a judgment against the appellant, James Otis Russell, this Court is without jurisdiction to entertain the appeal. 4 Tex.Jur. 32, Sec. 16, Floyd v. State, Tex.Cr.App., 243 S.W.2d 171.

The appeal is dismissed.

Opinion approved by the Court.

On State’s Motion to Reinstate Appeal

DAVIDSON, Judge.

At a former date, this appeal was dismissed because the judgment appearing in the transcript reflected…