Citations
- 4 S.W.2d 547
Full opinion text
HAWKINS, J.
Conviction is for driving an automobile upon the highway while appellant was under the influence of intoxicating liquor; punishment being one year in the penitentiary.
The record contains a transcript and a supplemental transcript, but in neither is it shown that sentence was ever pronounced against appellant.
Where the penalty assessed is less than death, a sentence is prerequisite to an appeal. Dodd v. State, 77 Tex. Cr. R. 543, 179 S. W. 564; Carrell v. State, 83 Tex. Cr. R. 536, 204 S. W. 334. Other authorities will be found collated under note 3, art. 769, 3 Vernon’s C. C. P. 1925, p. 150.
No jurisdiction having been conferred on this court by appeal in absence of sentence, the appeal must be dismissed.