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Cohen v. State

Court of Criminal Appeals of Texas
Jun 5, 1968
428 S.W.2d 811 (Tex. Crim. App. 1968)

Opinion

No. 41332.

June 5, 1968.

Appeal from the County Court, Fort Bend County, Josh Gates, J.

Charles A. Easterling, Houston, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


OPINION


The conviction is under Art. 1265, P.C., for the offense of seriously threatening to take human life; the punishment, a fine of $125.

The record on appeal does not contain a sentence pronounced by the court, as provided by Art. 40.09 — 1, C.C.P. of 1965.

Under the provisions of the Code, it was the duty of the trial court to pronounce sentence upon the judgment rendered in the cause. See: Arts. 42.02, 42.03, 42.04, C.C.P.; Rivera v. State, Tex.Cr.App., 403 S.W.2d 130; Clemons v. State, Tex.Cr.App., 414 S.W.2d 940.

In the absence of a sentence, this court is without jurisdiction of the appeal.

The appeal is dismissed.


Summaries of

Cohen v. State

Court of Criminal Appeals of Texas
Jun 5, 1968
428 S.W.2d 811 (Tex. Crim. App. 1968)
Case details for

Cohen v. State

Case Details

Full title:Cecil COHEN, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Jun 5, 1968

Citations

428 S.W.2d 811 (Tex. Crim. App. 1968)