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Booker v. State

Court of Criminal Appeals of Texas
Jan 25, 1939
124 S.W.2d 375 (Tex. Crim. App. 1939)

Opinion

No. 20112.

Delivered January 25, 1939.

Appeal Dismissed — Jurisdiction.

Where transcript showed that defendant was sentenced but did not show a judgment of conviction, the Court of Criminal Appeals was without jurisdiction, and appeal must be dismissed.

Appeal from District Court of Marion County, Hon. Claude Hutchings, Judge.

Appeal from conviction for assault with intent to murder; penalty, confinement in penitentiary for two years. Appeal dismissed.

The opinion states the case.

Shelburne H. Glover, of Jefferson, for appellant.

Lloyd W. Davidson, State's Attorney, of Austin, for the State.


The offence is assault with intent to murder; the punishment, confinement in the penitentiary for two years.

The transcript shows that appellant was sentenced but fails to show a judgment of conviction. In the absence of such judgment this court is without jurisdiction.

The appeal is 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.


Summaries of

Booker v. State

Court of Criminal Appeals of Texas
Jan 25, 1939
124 S.W.2d 375 (Tex. Crim. App. 1939)
Case details for

Booker v. State

Case Details

Full title:WALLACE BOOKER v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Jan 25, 1939

Citations

124 S.W.2d 375 (Tex. Crim. App. 1939)
124 S.W.2d 375