Gallier v. State
| Decision Date | 12 January 1916 |
| Docket Number | (No. 3901.) |
| Citation | 182 S.W. 306 |
| Parties | GALLIER v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from District Court, Jefferson County; W. H. Davidson, Judge.
Babe Gallier was convicted, and appeals. Dismissed.
C. C. McDonald, Asst. Atty. Gen., for the State.
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 the proper facts and recommended a suspension of his sentence. This the court did in his judgment. Upon the court overruling his motion for a new trial, he gave notice of appeal to this court. The trial court should not have permitted notice of appeal to have been given; for, under the suspended sentence law, an accused cannot appeal from the conviction, and can only do so when proper sentence is later, if at all, pronounced against him. Bierman v. State, 73 Tex. Cr. R. 284, 164 S. W. 840.
The appeal in this case is therefore dismissed.
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Millican v. State
...from a conviction is authorized while sentence thereon is suspended. Thomas v. State, 87 Tex.Cr.R. 153, 219 S.W. 1100; Gallier v. State, 78 Tex.Cr.R. 534, 182 S.W. 306; Lamkin v. State, 138 Tex.Cr.R. 311, 136 S. W.2d In a felony case, it is only when sentence has been finally passed that th......
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Lamkin v. State, 20563.
...but that the right of appeal accrued whenever the court set aside the order suspending the sentence." In Gallier v. State, Jan. 12, 1916, 78 Tex. Cr.R. 534, 182 S.W. 306, the appellant, upon receiving a suspended sentence, filed a motion for new trial, and when it was overruled, gave notice......
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Fitch v. State, 25110
...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.R. 311, 136 S.W.2d 225; Cisneros v. State, 1......
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State v. Liliopoulos
...which is the sentence pronounced by the court upon the verdict, but the record does not contain the sentence.' In Gallier v. State, 78 Tex. Cr. R. 534, 182 S.W. 306, the jury found the appellant guilty of burglary, assessed punishment, and, pursuant to statutory authority, recommended suspe......