Citations
- 104 Tex. Crim. 407
Full opinion text
MORROW, Presiding Judge.
The offense is murder, punishment fixed at confinement in the penitentiary for a period of six years.
A dismissal must be ordered for the want of a sentence. The sentence is the final judgment and is an essential pre-requisite to the jurisdiction of this court. See Art. 856, C. C. P.; Vernon’s Texas Crim. Stat., Vol. 2, p. 851, and cases collated; Branch’s Ann. Texas P. C., p. 338, Sec. 667; also Bennett v. State, 80 Texas Crim. Rep. 652.
The appeal is dismissed. Dismissed.
ON MOTION FOR REHEARING.
HAWKINS, Judge.
By supplemental record accompanying the motion for rehearing it is made to appear that sentence was pronounced against appellant, and the case would now be entitled to consideration on its merits but for an affidavit from the sheriff conveying the information that appellant is dead.
The appeal must therefore be abated.
Appeal abated.