*1 184 The Owens v. State.
Walter 7, May No. 13270. Delivered 1930.
Reported in 28 (2d) S. 133. W. states the case.
The opinion of for
W. H. Browning Lampasas, appellant. Dawson, Austin, A. A. State’s of for the Attorney, State. Presiding MORROW, an auto- Judge Unlawfully driving . offense; is mobile while intoxicated the fixed at con- punishment in the for a finement of ten and a fine of county jail period days one hundred dollars.
It is recited in the that the into has entered transcript appellant a in the sum of The not recognizance is recognizance $600.00. in the record. incorporated is
The clerk directed to the with a certified supplement transcript of the copy recognizance.
CHRISTIAN, offense is an automobile Judge driving . The of while under the influence the intoxicating liquor; punishment,' in a of one hundred dollars and confinement for ten jail fine days. sentence in It no is a the record. contains purported There to that the judg- of the and fails order pronouncement judgment, ment carried into execution. We from the quote purported be as follows: sentence of court that
“It is the order the the defendant Walter Owens of a car in- has to be while adjudged guilty driving who been has at a fine of prescribed toxicated and whose been punishment confinement in the hundred dollars and ten days county jail.” one 767, P. Art. C. C. provides: court, in the order of the made presence
“A ‘sentence’ is the record, the defendant, and entered of pronouncing judgment, the of
185 manner in the execution into be carried the same to and ordering law.” by prescribed *2 in the has no jurisdiction court this felony, a case of This being 1075. State, 7 (2d) S. W. v. Nicholson a sentence. of absence in- above, are minutes, as quoted in the contained The recitals a sentence. to constitute sufficient dismissed. is
The appeal
Dismissed. has been of Appeals the Commission of opinion The foregoing and Criminal Appeals of of the Court the by Judges examined Court. the by approved The State.
Calvin v. Johnson 7,May 1930. 13324. Delivered No. 18, 1930.
Reinstated June 29, Rehearing 1930. denied October Reported 31 1084. (2d) in S. W.