Court of Civil Appeals of Texas, 1983

Polhemus v. State

Polhemus v. State
Court of Civil Appeals of Texas · Decided June 9, 1983 · Junell
654 S.W.2d 545; 1983 Tex. App. LEXIS 4676 (South Western Reporter, Second Series)

Polhemus v. State

Opinion of the Court

JUNELL, Justice.

Appellant was convicted by a jury of theft of property of the value of over two hundred dollars and under ten thousand *546dollars; the court assessed punishment at ten years imprisonment.

This court has been informed by way of proper affidavit that appellant died on March 23,1983. The death of the appellant deprives the court of further jurisdiction over the case. King v. State, 379 S.W.2d 907 (Tex.Cr.App. 1964). Accordingly, the appeal is abated, the cause is remanded to the trial court with instructions to set aside the judgment and dismiss the indictment for want of jurisdiction.

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