History
  • No items yet
midpage
Lutz v. State
146 Tex. Crim. 158
Tex. Crim. App.
1943
Check Treatment
DAVIDSON, Judge.

This purports to be an appeal from a conviction for unlawfully carrying a pistol, with punishment assessed at a fine of $100.00 by a jury’s verdict.

The record contains no final judgment, notwithstanding which a notice of appeal to this court was given and the record duly forwarded. After said notice of appeal had been given and the record so filed, the trial court attempted to enter a judgment in the case by a nunc pro tunc order to that effect. The notice of appeal deprived the trial court of jurisdiction to enter the nunc pro tunc order, and it is, therefore, of no effect. Art. 828, C. C. P.; Estes v. State, 38 Tex. Cr. Rep. 506, 43 S. W. 982; Robison v. State, 68 Tex. Cr. R. 115, 150 S. W. 912; Crockrell v. State, 88 Tex. Cr. R. 525, 228 S. W. 1097; Williams v. State, 130 Tex. Cr. R. 124, 92 S. W. (2d) 1036; Navarro v. State, 141 Tex. Cr. R. 196, 147 S. W. (2d) 1081; LeBove v. State, No. 22,559, this day decided. (Page 157 of this volume).

The absence of a final judgment in the case renders this court without jurisdiction to entertain the appeal.

The appeal is dismissed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

Case Details

Case Name: Lutz v. State
Court Name: Court of Criminal Appeals of Texas
Date Published: Jun 16, 1943
Citation: 146 Tex. Crim. 158
Docket Number: No. 22558
Court Abbreviation: Tex. Crim. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.