Foster v. State

Decided January 17, 1912

Court of Criminal Appeals of Texas · decided 1912-01-17

Criminal Law (§ 1023*) — Appeai>-Neces-sity of Judgment. An appellate court cannot review a conviction, where there was no judgment entered below. [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 2583; Dec. Dig. § 1023.*]

Cited by 1 later decisions — most recently June 1946

1 state decisions

Relies on Mayfield v. State · 43 Tex. Crim. 419 - Jones v. State

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1912-01-17

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DAVIDSON, P. J.

¶1The appellant in this case was convicted for murder in the first degree; his penalty being assessed at life imprisonment in the penitentiary.

¶2The Assistant Attorney General has filed a motion to dismiss the appeal, because there was no judgment entered in the lower court. The motion to dismiss the appeal is granted. See Jones v. State, 43 Tex. Cr. R. 419, 66 S. W. 559; Mayfield v. State, 40 Tex. 290; Mirelles v. State, 13 Tex. App. 346; Dent v. State, 59 S. W. 267.

¶3The appeal is therefore dismissed.