<p>Rape—Sentence—Statutes Construed.</p> <p>Where, upon appeal from a conviction of rape, it appeared from the record that no sentence had been pronounced and entered of record, the appeal must be dismissed. Article 856, Revised Code Criminal Procedure.</p>
Decided 1912-10-23
HARPER, Judge.
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—In this case the record fails to disclose that the defendant has ever been sentenced by the court trying the case. This being a conviction for a felony, in which the punishment assessed is only ten years confinement in the penitentiary, under article 856 of the Bevised Code of Criminal Procedure an appeal will not lie until sentence has been pronounced and entered of record. Arcia v. State, 26 Texas Crim. App., 193; Heinzman v. State, 34 Texas Crim. Rep., 76; Hinman v. State, 54 Texas Crim. Rep., 434.
