Tuckness v. State

The appellant was indicted for unlawfully possessing a still for the purpose of manufacturing spirituous, vinous and malt liquor, capable of producing intoxication, in the district court of Dawson County, convicted on said charge and his punishment assessed at one year's confinement in the penitentiary.

The record on appeal fails to show that the appellant was ever sentenced by the trial court in this case. The sentence is essential to give this court jurisdiction. Article 856, Vernon's C. C. P., is as follows:

"When an appeal is taken in cases of felony, where the verdict prescribes the death…