# Brown v. State

> Court of Criminal Appeals of Texas · October 27, 1920 · 88 Tex. Crim. 60

URL: https://www.frixlaw.com/law-library/cases/3926130

## Case

- **Full name:** Tom Brown v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** October 27, 1920
- **Citations:** 88 Tex. Crim. 60; 224 S.W. 1098; 1920 Tex. Crim. App. LEXIS 346
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Davidson
- **Judges:** Davidson
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3926130

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3926130. Public record. Not legal advice.