Opinion
No. 12172.
Delivered February 6, 1929.
Failure to Stop and Render Aid — No Sentence — Appeal Dismissed.
This offense under Art. 1150 P. C. being a felony, and the record failing to show that the trial court pronounced sentence on the judgment of conviction this court cannot consider the case on its merits and the appeal must be dismissed. See Pierce v. State, 2 S.W.2d 461 and authorities cited.
Appeal from the District Court of Galveston County. Tried below before the Hon. J. C. Canty, Judge.
Appeal from a conviction for failing to stop and render aid after colliding with another with an automobile, penalty a fine of $375.00.
The opinion states the case.
Roy Johnson of Galveston, for appellant.
A. A. Dawson of Canton, State's Attorney, for the State.
The prosecution is based upon Article 1150 P. C. which denounces as an offense the failure of one driving or controlling an automobile which comes in collision with another to stop and render aid. The punishment was assessed at a fine of three hundred and seventy-five dollars.
The offense of which appellant was convicted is a felony. It therefore was the duty of the trial court to pronounce sentence on the judgment of conviction. The sentence constitutes the final judgment from which an appeal may be taken. This court has no jurisdiction in the absence of a final judgment. The record failing to show that sentence was pronounced, we are unauthorized to consider the case on its merits. Pierce v. State, 2 S.W.2d 461, and authorities cited.
The appeal is dismissed.
Dismissed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.