Braden v. State

Citations

• 14 Tex. Ct. App. 22
• 1883 Tex. Crim. App. LEXIS 112

Syllabus

<p>1. Final Judgment in a misdemeanor ease wherein a fine is the only punishment assessed must conform to the requirements of Article 805 of the Code of Criminal Procedure. If the defendant be present, the judgment must command that he be committed to jail until payment of the fine and costs.</p> <p>2. Same—Practice in the Court of Appeals.—When, in such a case, the record on appeal shows that the defendant was present in the court below, and the judgment does not command his commitment to jail until the fine and costs are paid, this court will sustain a motion to dismiss the appeal for want of a final judgment.</p>