Opinion
No. 20994.
Delivered April 10, 1940.
Appeal Dismissed — Sentence — Transcript.
Appeal from conviction for driving an automobile on a public highway while accused was intoxicated was dismissed, where no sentence of accused appeared in the transcript, since the offense was a "felony" which made it necessary to sentence the accused in order to confer jurisdiction upon the Court of Criminal Appeals.
Appeal from District Court of Bell County. Hon. Few Brewster, Judge.
Appeal from conviction for driving an automobile on a public highway while defendant was intoxicated; penalty, fine of $50.00, and confinement in jail for 15 days.
Appeal dismissed.
The opinion states the case.
Henry Taylor, of Temple, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is driving an automobile on a public highway while intoxicated; the punishment, a fine of $50.00 and confinement in jail for 15 days.
The offense of driving an automobile on a public highway while intoxicated is a felony. Hence it was necessary to sentence the appellant in order to confer jurisdiction upon this court. No sentence appears in the transcript. Under the circumstances, the appeal must be dismissed.
The appeal is dismissed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.