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McGinty v. State

Court of Criminal Appeals of Texas
Apr 13, 1938
115 S.W.2d 914 (Tex. Crim. App. 1938)

Opinion

No. 19746.

Delivered April 13, 1938.

Appeal Dismissed — Jurisdiction.

In the absence in the record of a judgment of conviction, Court of Criminal Appeals was without jurisdiction and appeal was dismissed.

Appeal from the County Court of Grimes County. Hon. Gerald C. Fahey, Judge.

Appeal from conviction for possessing liquor in containers not showing that the tax to the State had been paid; penalty, fine of $150 and four months in the county jail.

Appeal dismissed.

The opinion states the case.

A. H. Spann, of Navasota, and W. M. Stamford, of Anderson, for appellant.

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


Conviction is for possession of liquor in containers not showing that the tax to the State had been paid. Punishment is assessed at a fine of $150 and four months in the county jail. The record is before us without a statement of facts, bills of exception, or judgment of conviction. In the absence of a judgment of conviction, this Court is without jurisdiction to hear and determine matters presented for review.

The attempted 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

McGinty v. State

Court of Criminal Appeals of Texas
Apr 13, 1938
115 S.W.2d 914 (Tex. Crim. App. 1938)
Case details for

McGinty v. State

Case Details

Full title:HENRY McGINTY, JR., v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Apr 13, 1938

Citations

115 S.W.2d 914 (Tex. Crim. App. 1938)
115 S.W.2d 914