
    HOLT v. STATE.
    (No. 11661.)
    Court of Criminal Appeals of Texas.
    March 21, 1928.
    Criminal law <§=>1023(9) — Appeal in prosecution for driving while intoxicated, will be dis- ' missed, where no sentence was shown to have been rendered.
    Where penalty assessed is less than death, sentence is prerequisite to an appeal, and, where record in prosecution for driving while intoxicated did not show sentence was ever pronounced against defendant, appeal must be dismissed.
    Appeal from District Court, Rockwall County; Joel R. Bond', Judge.
    CJarence Holt was convicted for driving an automobile upon the highway while under the influence of intoxicating liquor, and he appeals. Appeal dismissed.
    Appeal reinstated, and judgment affirmed.
    5 S.W.(2d) 770.
    J. Frank Wilson, of Dallas, for appellant.
    A. A. Dawson, State’s Atty., of Austin, for the State.
   HAWKINS, J.

Conviction is for driving an automobile upon the highway while appellant was under the influence of intoxicating liquor; punishment being one year in the penitentiary.

The record contains a transcript and a supplemental transcript, but in neither is it shown that sentence was ever pronounced against appellant.

Where the penalty assessed is less than death, a sentence is prerequisite to an appeal. Dodd v. State, 77 Tex. Cr. R. 543, 179 S. W. 564; Carrell v. State, 83 Tex. Cr. R. 536, 204 S. W. 334. Other authorities will be found collated under note 3, art. 769, 3 Vernon’s C. C. P. 1925, p. 150.

No jurisdiction having been conferred on this court by appeal in absence of sentence, the appeal must be dismissed.  