Opinion

Brown v. State

  • 88 Tex. Crim. 60
  • 224 S.W. 1098
  • 1920 Tex. Crim. App. LEXIS 346
Court
Court of Criminal Appeals of Texas
Filed
Oct 27, 1920
Status
Published
Author
Davidson
On the bench
Davidson
Cited by
1 cases
Authority
More cited than 93.2%

The opinion

DAVIDSON, Presiding Judge.

Appellant was convicted of manslaughter and allotted two years in the penitentiary.

The record is before us containing a sentence, which, ordinarily, presupposes that a judgment was rendered, but the record is silent as to whether there was a judgment entered upon the verdict or not. There is a verdict set out in the record, but there is not a judgment

*61

rendered upon the verdict, showing the pleadings, the empanelling of the jury, or any of those constituent elements required by the statute. In this condition of the record the judgment will have to be reversed for want of a judgment. The final sentence can not take the place of the judgment of the court rendered upon the verdict. The sentence is the final judgment which authorized the appeal, but without a judgment the sentence is unauthorized. In this condition of the record the judgment will have to be reversed and the cause remanded, which is accordingly done.

Reversed and remanded.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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