Anderson v. State

Full title: LEVI ANDERSON v. THE STATE

Court: Court of Criminal Appeals of Texas

Date published: Apr 2, 1941

141 Tex. Crim. 438 (Tex. Crim. App. 1941)

149 S.W.2d 590

Opinion

No. 21534.

Delivered April 2, 1941.

Appeal Dismissed — Jurisdiction of Appeal.

Where the prosecution originated in the justice court, where a fine of $5.00 was assessed against defendant for malicious mischief, and upon appeal to county court the jury assessed a penalty of $50.00, Court of Criminal Appeals had no jurisdiction of the appeal from the county court, and attempted appeal dismissed.

Appeal from County Court of Jones County. Hon. Omar T. Burleson, Judge.

Appeal from conviction for malicious mischief; penalty, fine of $50.00.

Appeal dismissed.

The opinion states the case.

E. T. Brooks, of Abilene, for appellant.

Lloyd W. Davidson, State's Attorney, of Austin, for the State.

BEAUCHAMP, Judge.

This prosecution originated in the justice court where a fine of Five Dollars was assessed against appellant for malicious mischief. Upon appeal to the county court the jury assessed a penalty of Fifty Dollars, from which appellant attempts to bring the case to this court on appeal.

This court has no jurisdiction under the record as presented, and the appeal is accordingly dismissed.