
    DODD v. STATE.
    (No. 3720.)
    (Court of Criminal Appeals of Texas.
    Oct. 20, 1915.)
    1. Cbiminal Law <&wkey;1069 — Appeal—Finality of Judgment.
    No appeal can be taken in criminal cases until sentence is pronounced, since sentence is tbe final judgment.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2691-2699; Dec. Dig. <S=> 1069.]
    2. Criminal Law &wkey;>1023 — Judgment and Sentence — Entry in Vacation.
    Where accused gave notice of appeal, before sentence, and the court then adjourned and the judge sentenced the defendant in vacation, the sentence is not a final judgment, upon which an appeal can be rested, since the judge in vacation is not authorized to pronounce sentence.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2583-2598; Dec. Dig. <S&wkey; 1023.]
    Appeal from District Court, Hunt County; Wm. Pierson, Judge.
    Jim Dodd was convicted of burglary, and he appeals.
    Appeal dismissed.
    C. C. McDonald, Asst Atty. Gen., for the State.
   DAVIDSON, J.

Appellant was convicted of burglary, his punishment being assessed at two years’ confinement in the penitentiary.

The term of court at which appellant was tried adjourned without a sentence. In vacation and in chambers the judge entered the sentence. This under our statute is the final judgment, and an appeal to this court cannot lie until sentence has been pronounced. Sentence must be pronounced during the term of the court at which the judgment is rendered, or, if not then done, at a subsequent term -of the court. The court cannot sentence a defendant in vacation. When court adjourned his authority over the case ceased, where notice of appeal had been given to this court, except in cases specially provided by statute. This pronouncing of sentence is not authorized in vacation, nor is it authorized at any time except during a term of the court. The Assistant Attorney General moves to dismiss the appeal for this reason, and it must be sustained.

The appeal therefore is dismissed.  