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33 Tex. 712

Dooly v. State

Texas Supreme Court

Decided July 1, 1871

Texas Supreme Court · decided 1871-07-01

Tried below before the Hon. C. T. Garland. The defendant was found guilty of theft from a house, and the jury awarded him four years in the penitentiary, but no judgment was rendered on the verdict, so far as appears by the transcript.

Decided 1871-07-01

Ogden, J.

¶1In this case no final judgment was entered in the court below, and the Attorney General moves this court to remand the case for a final judgment. But under the authority of Russell v. The State, 16 Texas, 147; O’Connell v. The State, 18 Texas, 843 ; Colvin v. The State, 23 Texas, 577, and Hathan v. The State, 28 Texas, 326, we are led to the conclusion, that until final judgment entered in the court below, this court has no jurisdiction of the case for any purpose whatever, and the only order this court can make in the case, is to dismiss it from the • docket, which is accordingly ordered.

¶2Dismissed.

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