Opinion
No. 24016.
Delivered April 28, 1948.
1. — Judgment and Sentence — Transcript Requisite.
Where transcript fails to show that judgment on the verdict assessing punishment at two years in the penitentiary, for failure to stop and render aid, was ever entered or that sentence was pronounced against appellant, the appeal would be dismissed.
2. — Judgment and Sentence — Appeal.
Judgment on the verdict and sentence are required before an appeal can be taken.
Appeal from the District Court of Gregg County. Hon. Earl Roberts, Judge.
Appeal from conviction for failure to stop and render aid after truck operated by defendant struck L. L. Snellgrove, and killed him; penalty, confinement in the penitentiary for two years.
Appeal dismissed.
No attorney of record on appeal for appellant.
Ernest S. Goens, State's Attorney, of Austin, for the State.
Appellant was charged by indictment with having been the operator of a truck with which he struck L. L. Snellgrove thereby killing him, and that appellant failed to stop and render aid.
The court's charge recites that appellant entered a plea of not guilty. The transcript contains the verdict of the jury finding appellant guilty and assessing his punishment at two years in the penitentiary, but nothing appears in the transcript showing that judgment on the verdict was ever entered, or that any sentence was ever pronounced against appellant. Both of these are required before an appeal may be taken, for without them there is no judgment from which to appeal. See Art. 769 Vernon's Texas C. C. P., and cases cited in Note 3 thereunder.
The appeal is dismissed.