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Gallier v. the State

Court of Criminal Appeals of Texas
Jan 12, 1916
182 S.W. 306 (Tex. Crim. App. 1916)

Summary

In Gallier v. State, 182 S.W. 306, (Jan. 12, 1916), the appellant, upon receiving a suspended sentence, filed a motion for new trial, and when it was overruled, gave notice of appeal. This court said: "The trial court should not have permitted notice of appeal to have been given; for, under the suspended sentence law, an accused cannot appeal from the conviction, and can only do so when proper sentence is later, if at all, pronounced against him. Bierman v. State, 73 Tex. Crim. 284, 164 S.W. 840."

Summary of this case from Lamkin v. State

Opinion

No. 3901.

Decided January 12, 1916.

Burglary — Suspension of Sentence — Notice of Appeal.

Where defendant was convicted of ordinary burglary and the verdict of the jury recommended a suspension of his sentence, which was entered by the court, he could not appeal therefrom by giving notice of appeal; he can only do so when proper sentence is pronounced against him later. Following Bierman v. State, 73 Tex. Crim. 284.

Appeal from the District Court of Jefferson. Tried below before the Hon. W.H. Davidson.

Appeal from a conviction of ordinary burglary; penalty, five years imprisonment in the penitentiary.

The opinion states the case.

No brief on file for appellant.

C.C. McDonald, Assistant Attorney General, for the State.


Appellant was convicted of ordinary burglary, not of a private residence, and his punishment assessed at five years in the penitentiary. The jury in their verdict found proper facts and recommended a suspension of his sentence. This the court did in his judgment. Upon the court overruling his motion for a new trial, he gave notice of appeal to this court. The trial court should not have permitted notice of appeal to have been given, for, under the suspended sentence law, an accused can not appeal from the conviction, and can only do so when proper sentence is later, if at all, pronounced against him. Bierman v. State, 73 Tex. Crim. 284. The appeal in this case is, therefore, dismissed.

Dismissed.


Summaries of

Gallier v. the State

Court of Criminal Appeals of Texas
Jan 12, 1916
182 S.W. 306 (Tex. Crim. App. 1916)

In Gallier v. State, 182 S.W. 306, (Jan. 12, 1916), the appellant, upon receiving a suspended sentence, filed a motion for new trial, and when it was overruled, gave notice of appeal. This court said: "The trial court should not have permitted notice of appeal to have been given; for, under the suspended sentence law, an accused cannot appeal from the conviction, and can only do so when proper sentence is later, if at all, pronounced against him. Bierman v. State, 73 Tex. Crim. 284, 164 S.W. 840."

Summary of this case from Lamkin v. State

In Gallier v. State, 78 Tex. Cr. App. 534, 182 S.W. 306, the jury found the appellant guilty of burglary, assessed his punishment, and, pursuant to statutory authority, recommended suspension of the sentence.

Summary of this case from State v. Liliopoulos
Case details for

Gallier v. the State

Case Details

Full title:BABE GALLIER v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Jan 12, 1916

Citations

182 S.W. 306 (Tex. Crim. App. 1916)
182 S.W. 306

Citing Cases

State v. Liliopoulos

" In Gallier v. State, 78 Tex. Cr. App. 534, 182 S.W. 306, the jury found the appellant guilty of burglary,…

Lamkin v. State

The Bierman case is specifically approved in Ex parte Lawson, 175 S.W. 698, from which we quote the…