Opinion
No. 6146.
Decided March 16, 1921.
Prohibition — Statement of Fact — Bills of Exception — Sentence.
Where, the record on appeal from a conviction of a violation of the prohibition statute failed to contain a statement of fact, bills of exception, or final sentence, the appeal is dismissed.
Appeal from the District Court of Kaufman. Tried below before the Honorable Joel R. Bond.
Appeal from a conviction of a violation of the prohibition statute; penalty, three years imprisonment in the penitentiary.
The opinion states the case.
Ross Huffmaster, for appellant.
C.M. Cureton, Attorney General, for the State.
The appellant was convicted for a violation of the prohibition statute and given three years in the penitentiary.
The case is before us without a statement of facts and with no bills of exception, and an examination of the record discloses that there is an absence of a showing that sentence was ever passed upon the appellant. "In an appeal from a judgment of conviction in a case where the punishment assessed is imprisonment in the penitentiary, the record must contain the sentence, — which is the final judgment, — or the appeal will be dismissed." Branch's Ann. P.C., p. 338, Sec. 667, and many cases cited thereunder.
The appeal is ordered dismissed.
Dismissed.