Gallier v. State
Cases that cite this one
4 later published cases cite this decision.
- Fitch v. State (Tex. Crim. App. 1951)
- Millican v. State (Tex. Crim. App. 1942)
- Lamkin v. State (Tex. Crim. App. 1940)
- State v. Liliopoulos (Wash. 1931)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appellant was convicted of •ordinary burglary, not of a private residence, and his punishment assessed at five years in the penitentiary. The jury in their verdict found proper facts and recommended a suspension of his sentence. This the court did in his judgment. Upon the court overruling his motion for a mew trial, he gave notice of appeal to this court. The trial court should mot have permitted notice of appeal to have been given, for, under the suspended sentence law, an accused can not appeal from the conviction, and can only do so when proper sentence is later, if at all, pronounced against him. Bierman v. State, 73 Texas Crim. Rep., 284. The appeal in this case is, therefore, dismissed.
Dismissed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.