
    OLIVER v. STATE.
    (No. 7840.)
    (Court of Criminal Appeals of Texas.
    June 29, 1923.)
    1. Criminal law @=>1086(13) — Appeal lies only from sentence.
    Where record fails to show that accused was sentenced, the jurisdiction of the Court of Criminal Appeals does not attach; the sentence being the final judgment.
    2. Criminal law @=>1110(6, 8) — Record not showing sentence may be corrected by motion for rehearing or writ of certiorari.
    On accused’s appeal, where the record does not show that he was sentenced, if, in fact, he was sentenced, the record may be corrected by motion for rehearing or by'writ of certiorari.
    3. Criminal law @=>1014 — Premature appeal does not preclude later appeal.
    Where accused erroneously appejals before sentence, he may later appeal from the judgment when it is made final by sentence.
    Appeal from District Court) Hardin County ; J. M. Combs, Judge. 1
    Sidney Oliver was found guilty of murder, and appeals.
    Appeal dismissed.
    R. G. Storey, Asst. Atty, Gen., for the State.
   MORROW, P. J.

The offense is murder; punishment fixed at confinement in the penitentiary for life.

The record fails to show that the appellant was sentenced. In the absence of the sentence, which is the final judgment, the jurisdiction of this court does not attach. If, in fact, he was sentenced, the record may be corrected by motion for rehearing or by writ of certiorari. If he was not sentenced, he may appeal from the judgment when it is made final.

As the matter is now before this court, it has no option but to dismiss the appeal for want of jurisdiction. It is so ordered.  