Legal Opinion

Burrows v. State

Court of Criminal Appeals of Texas

Decided May 22, 1940No. 21073PublishedCited by 1 opinion

1Opinion of the Court

CHRISTIAN, Judge.

The offense is possessing whisky in a dry area for the purpose of sale; the punishment, a fine of $1,000.00.

The recognizance is fatally defective in that it shows that appellant stands charged with a misdemeanor. There is no statement in the recognizance that appellant has been convicted. Under the circumstances, this court is without jurisdiction.

It appears that no judgment of conviction was carried into the minutes of the court. The record shows a docket entry. This is not sufficient to confer jurisdiction on this court. A formal judgment of conviction should have been…

2Cases cited2 opinions

  1. Calhoun v. StateCourt of Criminal Appeals of Texas · 1919
  2. Robinson v. StateCourt of Appeals of Texas · 1888

3Cited by1 opinion

  1. Campos v. StateCourt of Criminal Appeals of Texas · 1945

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API