
    KINCH v. STATE.
    (Court of Criminal Appeals of Texas.
    Oct. 23, 1912.)
    Criminal Law (§, 1023) — Appeal—Necessity of Sentence.
    Under Rev. Code Cr. Proc. 1911, art. 856, requiring in all cases of felony, other than one where the verdict prescribes the death penalty, that sentence shall be pronounced before appeal is taken, appeal will not lie in any other felony case till sentence has been pronounced and entered of record.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2583-2598; Dec. Dig. § 1023.]
    Appeal from District Court, Harrison County; H. T. Lyttleton, Judge.
    Russell Kinch was convicted, and appeals.
    Dismissed.
    Beard & Davidson, of Marshall, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other oases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
    
   HARPER, J.

In this case the record fails to disclose that the defendant has ever been sentenced by the court trying the case. This being a conviction for a felony, in which the punishment assessed is only 10 years’ confinement in the penitentiary, under article 856 of the Revised Code of Criminal Procedure, an appeal will not lie until sentence has been pronounced and entered of record. Arcia v. State, 26 Tex. App. 193, 9 S. W. 685; Heinzman v. State, 34 Tex. Cr. R. 76, 29 S. W. 156, 482; Hinman v. State, 54 Tex. Cr. R. 434, 113 S. W. 280.

The appeal is dismissed.  