Moore v. State, 25478
| Decision Date | 30 January 1952 |
| Docket Number | No. 25478,25478 |
| Citation | 245 S.W.2d 491,156 Tex.Crim. 615 |
| Parties | MOORE v. STATE. |
| Court | Texas Court of Criminal Appeals |
Fred C. Chandler, Colorado City, E. G. Pharr, Lubbock, for appellant.
George P. Blackburn, State's Atty., of Austin, for the State.
DAVIDSON, Commissioner.
Appellant, for the first time, by his motion for rehearing, insists that no final judgment has been entered in this case and that, for this reason, the appeal should be dismissed.
The transcript contains what, upon its face, purports to be a judgment of the court showing that appellant was duly tried and convicted by a jury, upon which verdict the trial court entered the judgment. As it appears in the transcript, the judgment does not show to have been entered in the minutes of the court.
Accompanying the motion for rehearing is the certificate of the county clerk certifying that the judgment had not been entered in the minutes of the court but, by inadvertence, had been omitted from such record.
It is apparent, therefore, that a judgment has not been entered of record in the minutes of the court in this case. 'Entered of record,' as applied to a judgment in a criminal case, means 'entered in the minutes of the court.' The case of Ellis v. State, 140 Tex.Cr.R. 339, 145 S.W.2d 176, appears to be here controlling; it was there held that a docket entry in a misdemeanor case did not constitute a judgment entered of record.
Appellant's motion for rehearing is granted; the opinion heretofore rendered in this case is withdrawn; and the appeal is now dismissed.
Opinion approved by the Court.
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Wilson v. State
...rendered. "Entered of record," as applied to a judgment in a criminal case, means "entered in the minutes of the court." Moore v. State, 245 S.W.2d 491 (Tex.Cr.App.1952). The term "entered," as used in that instance, however, is not synonymous with the term "signed," but has a definite fixe......
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State v. Rosenbaum
...referring to the ministerial act of the clerk in "spreading the court's judgment in the minutes of the court"); Moore v. State, 156 Tex.Crim. 615, 245 S.W.2d 491 (App.1952) (entered of record of judgment in criminal case means entered in the minutes of the court); Westbrook v. State, 753 S.......
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State v. Wachtendorf
...at 59 (Baird, J., dissenting) (citing Wilson v. State, 677 S.W.2d 518, 522 (Tex.Crim.App.1984), which in turn cited Moore v. State, 156 Tex.Crim. 615, 245 S.W.2d 491(1952) ).7 Moreover, they argued, to the extent that the provision in former Rule 41(b)(1) generally fixes the commencement of......
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Westbrook v. State, 70212
...of record" within contemplation of, e.g., Article 42.01, V.A.C.C.P., means "entered in the minutes of the court." Moore v. State, 156 Tex.Cr.App. 615, 245 S.W.2d 491 (1952); Ellis v. State, 140 Tex.Cr.R. 339, 145 S.W.2d 176 (1940); 25 Tex.Jur.3d 593-594, Criminal Law, § 3638. "[Entry] In ge......