History
  • No items yet
midpage
Cohen v. State
428 S.W.2d 811
Tex. Crim. App.
1968
Check Treatment

OPINION

DICE, Judge.

The conviction is under Art. 1265, P.C., for the offense of seriously threatening to take human life; the punishment, a fine of $125.

The record on appeal does not contain a sentence pronounced by the court, as provided by Art. 40.09-1, C.C.P. of 1965.

Under the provisions of the Code, it was the duty of the trial court to pronounce sentence upon the judgment rendered in the cause. See: Arts. 42.02, 42.03, 42.04, C.C.P.; Rivera v. State, Tex.Cr.App., 403 S.W.2d 130; Clemons v. State, Tex.Cr. App., 414 S.W.2d 940.

In the absence of a sentence, this court is without jurisdiction of the appeal.

The appeal is dismissed.

Case Details

Case Name: Cohen v. State
Court Name: Court of Criminal Appeals of Texas
Date Published: Jun 5, 1968
Citation: 428 S.W.2d 811
Docket Number: No. 41332
Court Abbreviation: Tex. Crim. App.
AI-generated responses must be verified and are not legal advice.
Log In