Roan v. State

• Decision Date: 18 December 1901
• Citation: 65 S.W. 1068
• Parties: ROAN v. STATE.
• Court: Texas Court of Criminal Appeals

65 S.W. 1068

ROAN v.STATE.

Court of Criminal Appeals of Texas.

December 18, 1901.

Appeal from district court, Falls county; Sam R. Scott, Judge.

John Roan was convicted of rape, and he appeals.Appeal dismissed.

C. F. Cohron, for appellant.Robt.A. John, Asst. Atty. Gen., for the State.

BROOKS, J.

Appellant was convicted of rape, and his punishment assessed at death.After conviction appellant filed a motion for new trial.The court entered an order continuing the hearing of the motion until the ensuing special term of the district court of Falls county, with consent of appellant, at which time the motion was overruled, and notice of appeal entered.The assistant attorney general has filed a motion to dismiss this appeal for the following reasons, to wit: "Because appellant was duly arraigned, tried, and convicted at a regular term of the district court of Falls county, beginning on the 10th day of June and ending on the 6th day of July, 1901, at which said term the verdict assessing the death penalty and the judgment decreeing the punishment of death was entered on July 5, 1901; that said judgment was a final judgment, from which an appeal to this court could have been prosecuted by giving proper notice of appeal during said term, which appellant failed to do; and the state would show this court that it is without jurisdiction to entertain this appeal," etc.Under article 834, Code Cr. Proc., when an appeal is taken in a capital case from the verdict and judgment assessing the death penalty, the sentence cannot be entered until this court has acted upon the appeal.In capital cases, in order to give this court jurisdiction, notice of appeal must be given during the term of the court at which the final judgment is entered.In cases other than capital, where the sentence is not entered until a subsequent term, then the sentence at the subsequent term becomes the final judgment; but in capital cases the judgment is final, so far as the appeal is concerned, and must be entered during the term of court at which defendant is convicted.Article 882, Code Cr. Proc., provides that an appeal may be taken by the defendant at any time during the term of the court at which the conviction was had.Article 883 provides an appeal is taken by giving notice thereof in open court, and having the same entered of record.We know of but two exceptions to the above rule: One where the final judgment is not entered as stated, in cases less than capital, and is...