Pennington v. State
Court of Appeals of Texas
Appeal from, the District Court of Henderson. Tried below before A. B. Watkins, Esq., Special Judge. The charge against appellant was the burning of J. C. Shelton’s gin-house, in Henderson county, on November 15, 1880. The jury returned a verdict of guilty, and assessed a five years term in the penitentiary as the punishment.
1Opinion of the CourtWhite, P. J.
There is no final judgment in this case, and the appeal will have to be dismissed.
It is shown by the record that the cause came on for trial; that the parties appeared and announced ready; that a jury was impaneled and sworn; that defendant pleaded not guilty; that the jury after hearing the evidence and argument and receiving the charge of the court retired, and afterwards returned into court their verdict finding defendant guilty and assessing his punishment at five years in the penitentiary. And then the recital is, “it is therefore considered, ordered, adjudged and decreed by the court…
2Cases cited2 opinions
- Mayfield v. StateTexas Supreme Court · 1874
- Nathan v. StateTexas Supreme Court · 1866