Legal Opinion

Butler v. State

Court of Appeals of Texas

Decided July 1, 1877Published

Appeal from the County Court of Jack. Tried below before the Hon. I. Stoddard, County Judge.

1Opinion of the CourtWinkler, J.

The appeal in this case must be dismissed for the reason that, agreeably to the transcript, no judgment of conviction has been rendered against the appellant, and after which alone the defendant can appeal, except in cases of habeas corpus. Code Cr. Proc., Art. 719 (Pasc. Dig., Art. 3183). Here the record recites the appearance of the parties, the swearing and impaneling of the jury, and all regularly enough up to and including the verdict of the jury; and from thence proceeds as follows: “It is therefore ordered, adjudged, and decreed by the court that the sheriff take the defendant in…

2Cases cited2 opinions

  1. Mayfield v. StateTexas Supreme Court · 1874
  2. Anschincks v. StateTexas Supreme Court · 1875

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