Legal Opinion

Horn v. State

Court of Criminal Appeals of Texas

Decided January 21, 1931No. 13790PublishedCited by 19 opinions

The opinion states the case.

1Opinion of the Court

The offense is arson; the punishment, confinement in the penitentiary for three years.

We find copied in the transcript before us the notice of appeal, sentence and recognizance. There is nothing to show that these are recorded in the minutes of the court, as required by law. Rogers v. State, 85 Tex.Crim. Rep.,213 S.W. 637.

The record contains no judgment rendered upon' the verdict of the jury. The sentence can not take the place of the judgment of the court rendered upon the verdict. The sentence was the final judgment which authorized the appeal, but without a judgment the court was…

2Cases cited2 opinions

  1. Rogers v. StateCourt of Criminal Appeals of Texas · 1919
  2. Brown v. StateCourt of Criminal Appeals of Texas · 1920

3Cited by19 opinions

  1. Morgan v. StateCourt of Criminal Appeals of Texas · 1974
  2. Hay v. StateCourt of Criminal Appeals of Texas · 1971
  3. Moore v. StateCourt of Criminal Appeals of Texas · 1950
  4. Williams v. StateCourt of Criminal Appeals of Texas · 1931
  5. Stilwell v. StateCourt of Criminal Appeals of Texas · 1968

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