89 Tex. Crim. 106
230 S.W 156
Court of Criminal Appeals of Texas
Decided March 9, 1921
Court of Criminal Appeals of Texas · decided 1921-03-09
<p>Manufacturing Intoxicating Liquors—Sentence—Practice on Appeal.</p> <p>In the absence of a sentence in the record on appeal, this court is without jurisdiction to consider the merits of the case, and the appeal must be dismissed. However, on motion for rehearing, it appearing to the court that the record was corrected, and there was no evidence that the equipment pososessed by the defendant was for the purpose of manufacturing intoxicating liquors for unlawful purposes, the conviction cannot be sustained, a charge having been requested and refused. Following Williams v. State, recently decided.</p>
Cited by 2 later decisions — most recently April 1922
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1921-03-09
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¶1 Conviction is for violation of the law prohibiting the possession of equipment for manufacturing intoxicating liquors except for certain named purposes. Punishment is fixed at confinement in the penitentiary for one year.
¶2 There is no sentence in the record, in the absence of which this court is without jurisdiction to consider the merits of the case. (See Article 856, Code of Criminal Procedure).
¶3 The appeal must be dismissed.
¶4 Dismissed.