Opinion
No. 16303.
Delivered December 13, 1933.
1. — Appeal Dismissed — Judgment — Sentence.
Appeal from conviction must be dismissed where record before reviewing court fails to show judgment of conviction or that sentence was pronunced.
2. — Transcript — Sentence.
Recital in transcript, "Defendant sentenced to confinement in the state penitentiary for a term of two 2d years," held notation not such sentence as law requires.
Appeal from District Court of Schleicher County. Tried below before the Hon. John F. Sutton, Judge.
Appeal from conviction for burglary; penalty, confinement in the penitentiary for two years.
Appeal dismissed.
The opinion states the case.
T. A. Scruggs, of Menard, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction is for burglary, punishment assessed at two years' confinement in the penitentiary.
The record before this court fails to show any judgment of conviction. The record recites a verdict, but if any judgment was entered thereon it does not so appear. Furthermore, it fails to show that sentence was ever pronounced against appellant. We find the following recital in the transcript, "4-17-33 — Defendant sentenced to confinement in the state penitentiary for a term of two 2d years." This notation is not such a sentence as the law requires.
The appeal is dismissed.
Dismissed.