Court of Criminal Appeals of Texas, 1926

Serna v. State

Serna v. State
Court of Criminal Appeals of Texas · Decided February 4, 1926 · Morrow, Hawkins
284 S.W. 576; 104 Tex. Crim. 407; 1926 Tex. Crim. App. LEXIS 864 (South Western Reporter)

Serna v. State

Opinion of the Court

MORROW, Presiding Judge.

The offense is murder, punishment fixed at confinement in the penitentiary for a period of six years.

A dismissal must be ordered for the want of a sentence. The *408 sentence is the final judgment and is an essential pre-requisite to the jurisdiction of this court. See Art. 856, C. C. P.; Vernon’s Texas Crim. Stat., Vol. 2, p. 851, and cases collated; Branch’s Ann. Texas P. C., p. 338, Sec. 667; also Bennett v. State, 80 Texas Crim. Rep. 652.

The appeal is dismissed. Dismissed.

Addendum

ON MOTION FOR REHEARING.

HAWKINS, Judge.

By supplemental record accompanying the motion for rehearing it is made to appear that sentence was pronounced against appellant, and the case would now be entitled to consideration on its merits but for an affidavit from the sheriff conveying the information that appellant is dead.

The appeal must therefore be abated.

Appeal abated.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.