¶1 For reasons for dissenting in this case, I refer to my views expressed in Johnson v. State, ante, p. 87. I also dissent further from Judge Henderson’s statement that there is *108 nothing in the? Constitution which guarantees the “right of appeal” to persons convicted “in inferior courts.” Art. 5, secs. 5, 7, 18, 19. That ■the Legislature may regulate such appeals so as to carry out fairly the right of appeal does not authorize that body to prohibit this right. The fact that it can-be regulated necessarily recognizes the right of appeal. If there is no such right, this court is unnecessary. It is .the basic reason for the creation of the Court of Criminal Appeals as the ultimate appellate bench. So the county court is the appellate court for its inferior courts.
42 Tex. Crim. 103
53 S.W 69
Johnson v. State
Court of Criminal Appeals of Texas
Decided June 6, 1900
Court of Criminal Appeals of Texas · decided 1900-06-06
Tried below before Hon. G. A. Brown: Appeal from a conviction of theft; penalty, five years imprisonment of each defendant in the penitentiary. The indictment charged George Johnson, Horace Jones, and Charlie Ross jointly with the theft, and they were tried jointly, the verdict rendered being the same as copied in the third paragraph of the syllabus above. This is a companion case to Johnson v. State, ante, p. 87, and grows out of the same transaction.
Decided 1900-06-06