
    WILKES v. STATE.
    (No. 9476.)
    (Court of Criminal Appeals of Texas.
    June 3, 1925.)
    1. Criminal law &wkey;>1023(,9, 10) — Appeal dismissed, in absence of sentence below.
    After conviction, but in absence of final judgment and sentence in court below, appellate tribunal is without jurisdiction, and will dismiss appeal.
    2. Criminal law &wkey;G 106(4) — Accused may be permitted to withdraw record for use in perfecting appeal, should sentence nunc pro tunc he entered.
    Where no final judgment or sentence has been entered below so that appeal must be dismissed, accused may be permitted to withdraw record for use in connection with perfecting appeal, should sentence nunc pro tunc be entered.
    Appeal from District Court, Newton County; V. H. Stark, Judge.-
    Frank Wilkes was convicted of murder, and he appeals.
    Dismissed.
    Jas. B. Rogers, of Houston, and McCall & Crawford, of Conroe, for appellant.
    Tom Garrard, State’s Atty., and Grover C. Morris, Asst. State’s Atty., both of Austin, for the State.
   LATTIMORE, J.

Conviction in district court of Newton county for murder; punishment fixed at 15 years in the penitentiary.

An inspection of' the record makes manifest the fact that there is no sentence, and it is admitted by appellant, in response to the state’s motion to dismiss this appeal, that no sentence was entered at the trial term of the court below. For the reason that the.re is no final judgment and sentence, this court is without jurisdiction, and must dismiss the appeal, which is accordingly ordered.

Appellant requests that'he be permitted to withdraw the record in this case, in order that it may be used in connection with the perfecting of an appeal herein, should sentence nunc pro tunc be entered in the court below. The request of appellant is -granted, and he may withdraw the record. 
      <gs^>For other cases see same tonic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     