Legal Opinion

Fulcher v. State

Texas Supreme Court

Decided July 1, 1873PublishedCited by 2 opinions

Appeal from Bastrop. Tried below before the Hon. J. P. Richardson. The defendant was found guilty of rape. Upon the return of the verdict, it was ordered by the court that the , defendant, Albert Fulcher, be remanded to the county jail, there to await judgment and sentence.

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Appeal from Bastrop. Tried below before the Hon. J. P. Richardson. The defendant was found guilty of rape. Upon the return of the verdict, it was ordered by the court that the , defendant, Albert Fulcher, be remanded to the county jail, there to await judgment and sentence. A motion for new trial was overruled, the record showing, “It is ordered by the court that said motion be and the same is hereby overruled, to which ruling of the court the defendant did then and there except, and gave notice in open court of appeal to the Supreme Court of Texas.”

1Opinion of the CourtMcAdoo, J.

No judgment was rendered on the verdict of the jury in the court below, in this case, as disclosed by the record.- The appeal was taken, and is" prosecuted alone from the action of the District Court in

overruling the motion for a new trial.

This court uniformly held, in a long line of decisions, from case of Shultz v. The State, 13 Texas, 401, to Lane v. Ellinger, 32 Texas, 369, inclusive, that without final judgment, there could be no appeal to this court. The same rule has been held, both in civil and criminal causes ; and, indeed, the rule must be the same in both classes of cases, as the…

2Cases cited2 opinions

  1. Shultz v. StateTexas Supreme Court · 1855
  2. Lane v. EllingerTexas Supreme Court · 1869

3Cited by2 opinions

  1. Untitled Texas Attorney General Opinion, Texas Attorney General Reports1941
  2. Untitled Texas Attorney General Opinion, Texas Attorney General Reports1939

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