Ex parte Beard
Texas Supreme Court
The r'elator was indicted for horse stealing at the September term, A. D. 1869, of the District Court of Travis county. He was tried October, 1871, found guilty, and his punishment assessed at fifteen years’ confinement in the State penitentiary.
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The r'elator was indicted for horse stealing at the September term, A. D. 1869, of the District Court of Travis county. He was tried October, 1871, found guilty, and his punishment assessed at fifteen years’ confinement in the State penitentiary. His motion for a new trial being overruled, he appealed, and the case was reversed and remanded; but, upon rehearing, it appearing that no final judgment had been rendered, the case was remanded with direction for an entry of judgment nunc pro,tunc. There was an omission to enter judgment at the next succeeding term of the District Court, and the…
1Opinion of the Court
Roberts, Chief Justice.
The applicant claims that he is unlawfully imprisoned in the penitentiary, because the judgment of conviction was rendered during the second term of the District Court, after the trial and verdict against him, and founds his claim upon the Code of Criminal Procedure. (Article 3151, Pas. Dig.) “Where, from any cause whatever, a verdict of conviction has been returned, and there is a failure to enter judgment and pronounce sentence during the term, the judgment may be entered and sentence pronounced at the next succeeding term of the court, unless a new trial has been…
2Cited by14 opinions
- Blanton, Donald GeneCourt of Criminal Appeals of Texas · 2012
- Griggs v. MontgomeryCourt of Appeals of Texas · 1929
- Power v. LenoirMontana Supreme Court · 1899
- Ray v. StateCourt of Criminal Appeals of Texas · 1950
- Walker v. StateCourt of Criminal Appeals of Texas · 1949
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