
    BROWN v. STATE.
    (No. 5918.)
    (Court of Criminal Appeals of Texas.
    Oct. 27, 1920.)
    Criminal law <®=»I086(I3) — Conviction reversed, where no judgment shown by record.
    Conviction of manslaughter must be reversed, and the cause remanded, where the record, although it contains a verdict and a sentence, is silent as to whether there was a judgment entered upon the verdict; for, while the sentence is the final judgment authorizing appeal, without a judgment, sentence is unauthorized.
    Appeal from District Court, Sabine County; W. T. David, Judge.
    Tom Brown was convicted of manslaughter, and appeals.
    Reversed and remanded.
    Alvin M. Owsley, Asst. Atty. Gen., for the State.
   DAVIDSON, P. J.

Appellant was convicted of manslaughter, and allotted two years in the penitentiary.

The record is before us, containing a sentence, which, ordinarily, presupposes that a judgment was rendered, but the record is silent as to whether there was a judgment entered upon the verdict or not. There is a verdict set out in the record, but there is not a judgment rendered upon the verdict showing the pleadings, the impaneling of the jury, or any of those constituent elements required by the statute. In this condition of the record the judgment will have to be reversed for want of a judgment. The final sentence cannot take the place of the judgment of the court rendered upon the -verdict. The sentence is the final judgment which authorized the appeal, but without a judgment the sentence is unauthorized. In this condition of the record the judgment will have to b® reversed, and the cause remanded, which is accordingly done. 
      <g=»For other oases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     