
    WALLING v. STATE.
    (No. 6431.)
    (Court of Criminal Appeals of Texas.
    Dec. 21, 1921.)
    Criminal law <&wkey;!086(l3) — Appeal dismissed for absence of judgment in record.
    AVhere the record disclosed the verdict of the jury, but failed to show the final judgment entered thereon, as required by Vernon’s Ann. Code Cr. Proe. 1916, art. 853, the appeal will be dismissed.
    Appeal from Criminal District Court, Dallas County; Robert B. Seay, judge.
    J. W. Walling was convicted of embezzlement, and he appeals.
    Appeal dismissed.
    S. D. Tant, of Sour Lake, for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   HAWKINS, J.

Appeal is from a misdemeanor conviction for embezzlement. The punishment assessed was by fine of $100 and 10 days’ confinement in the county jail.

Our Assistant Attorney General suggests that the appeal should be dismissed because no final judgment is shown in the record. The verdict of the jury appears, but if judgment was ever entered thereon the record fails to show it. See article 853, Vernon’s C. C. P.; Mirelles v. State, 13 Tex. App. 346; Pennington v. State, 11 Tex. App. 281; Foster v. State, 64 Tex. Cr. R. 531, 143 S.W. 625; McCuin v. State, 86 Tex. Cr. R. 497, 217 S. W. 1038.

The appeal is therefore ordered dismissed.  