Bierman v. State
Decision Date | 25 February 1914 |
Parties | BIERMAN v. STATE. |
Court | Texas Court of Criminal Appeals |
Appeal from District Court, Cooke County; C. F. Spencer, Judge.
Frank Bierman was convicted of unlawfully selling intoxicating liquor in prohibition territory and his sentence suspended, and he appeals. Dismissed without prejudice.
Culp & Culp and W. O. Davis, all of Gainesville, for appellant. Lewis Rogers, Co. Atty., and Owen Davis, Asst. Co. Atty., both of Gainesville, and C. E. Lane, Asst. Atty. Gen., for the State.
Appellant was convicted of unlawfully selling intoxicating liquor in prohibition territory.
Appellant filed a plea praying that, in the event he was found guilty, his sentence should be suspended, and the jury returned the following verdict: The court, in accordance with said verdict, entered up a judgment adjudging appellant guilty, also reciting and adjudging as follows: "But, it appearing to the court that the defendant, Frank Bierman, had filed herein his request in writing under oath for a suspension of the sentence herein, and the jury having heard said request and the evidence in support thereof, and having found by their verdict that the defendant was a man of good character, that he had never been convicted of a felony prior to this time, and having recommended in their verdict that the judgment and sentence of the court be suspended, it is considered and ordered by the court that sentence of the judgment of conviction herein be and the same is hereby suspended during the good behavior of the defendant." No sentence has ever been pronounced, but appellant filed a motion for a new trial, and, when it was overruled, gave notice of appeal, and undertakes to prosecute an appeal to this court.
The question arises: Has a person adjudged guilty, and who at his request and instance has had the sentence suspended, the right of appeal before sentence is pronounced? The right of appeal is given in this state upon such conditions and restrictions as the Legislature may adopt, and we think it clear, from reading the Suspended Sentence Act, it was not the intention of the Legislature to give the right of appeal in this character of case until sentence has been pronounced. Article 856 of the Code of Criminal Procedure provides that in all cases of...
To continue reading
Request your trial-
Ex parte Renier
...Arts. 865c, 865e, Code of Criminal Procedure (1911) in 2 Vernon's Criminal Statutes of Texas (1916). See also, Bierman v. State, 73 Tex.Cr.R. 284, 164 S.W. 840 (1914); Jones v. State, 103 Tex.Cr.R. 589, 281 S.W. 1072 (1926). Frequently, and not surprisingly, this procedure caused long delay......
-
Millican v. State
...was suspended became appealable, and not before such revocation. See Jones v. State, 103 Tex.Cr.R. 589, 281 S.W. 1072; Bierman v. State, 73 Tex.Cr.R. 284, 164 S.W. 840; Hill v. State, 92 Tex.Cr.R. 312, 243 S. W. It has been often held by this court that upon a final judgment revoking a susp......
-
Lamkin v. State, 20563.
...we are again called upon to pass upon the question of whether or not an appeal will lie under such conditions. In Bierman v. State, 73 Tex.Cr.R. 284, 164 S.W. 840, 841, there was an appeal from a conviction with a suspended sentence. The date of the opinion of this court was February 25, 19......
-
Fitch v. State, 25110
...such order. However, there is no final order herein, and lacking such, we have no jurisdiction of his appeal. See Bierman v. State, 73 Tex.Cr.R. 284, 164 S.W. 840; Gallier v. State, 78 Tex.Cr.R. 534, 182 S.W. 306; Thomas v. State, 87 Tex.Cr.R. 153, 219 S.W. 1100; Lamkin v. State, 138 Tex.Cr......