Gallier v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Jefferson. Tried below before the Hon. W. H. Davidson. Appeal from a conviction of ordinary burglary; penalty, five years imprisonment in. the penitentiary. The opinion states the ease.
1Opinion of the Court
PBENDEBGAST, PresidiNg Judge.
Appellant was convicted of •ordinary burglary, not of a private residence, and his punishment assessed at five years in the penitentiary. The jury in their verdict found proper facts and recommended a suspension of his sentence. This the court did in his judgment. Upon the court overruling his motion for a mew trial, he gave notice of appeal to this court. The trial court should mot have permitted notice of appeal to have been given, for, under the suspended sentence law, an accused can not appeal from the conviction, and can only do so when proper sentence is…
2Cases cited1 opinion
- Bierman v. StateCourt of Criminal Appeals of Texas · 1914
3Cited by4 opinions
- Lamkin v. StateCourt of Criminal Appeals of Texas · 1940
- State v. LiliopoulosWashington Supreme Court · 1931
- Fitch v. StateCourt of Criminal Appeals of Texas · 1951
- Millican v. StateCourt of Criminal Appeals of Texas · 1942