Dooly v. State
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. C. T. Garland. The defendant was found guilty of theft from a house, and the jury awarded him four years in the penitentiary, but no judgment was rendered on the verdict, so far as appears by the transcript.
1Opinion of the CourtOgden, J.
In this case no final judgment was entered in the court below, and the Attorney General moves this court to remand the case for a final judgment. But under the authority of Russell v. The State, 16 Texas, 147; O’Connell v. The State, 18 Texas, 843 ; Colvin v. The State, 23 Texas, 577, and Hathan v. The State, 28 Texas, 326, we are led to the conclusion, that until final judgment entered in the court below, this court has no jurisdiction of the case for any purpose whatever, and the only order this court can make in the case, is to dismiss it from the • docket, which is accordingly ordered.
Dism…
2Cases cited3 opinions
- Burrell v. StateTexas Supreme Court · 1856
- Calvin v. StateTexas Supreme Court · 1859
- Nathan v. StateTexas Supreme Court · 1866
3Cited by2 opinions
- Mayfield v. StateTexas Supreme Court · 1874
- Ex Parte R.L.S., Texas Court of Appeals, 10th District (Waco)2018