
    BOSTICK v. STATE.
    (No. 4495.)
    (Court of Criminal Appeals of Texas.
    May 30, 1917.)
    1. Bail @==>94L-Appeal — Judgments Appeal-able.
    Under Vernon’s Ann. Code Cr. Proc. 1916, art. 894, providing a defendant in any criminal action upon conviction has the right of appeal under the rules hereinafter prescribed, the court has no jurisdiction to hear an appeal in the'absence of final judgment, so that an appeal from a judgment nisi forfeiting bail bond must be dismissed.
    [Ed. Note. — For other cases, see Bail, Cent. Dig. §§ 418 — 423.] ’
    2. Bail <@=^94 — Appeal—Judgments Appeal-able.
    Under Vernon’s Ann. Code Cr. Proc. 1916, art. 915, notice of appeal is prerequisite to an appeal from judgment forfeiting bail.
    [Ed. Note. — Eor other cases, see Bail, Cent. Dig. §§ 418-423.]
    Appeal from Rockwall County Court; J. W. Reese, Judge.
    Jesse Bostick was charged with an offense, and there was judgment forfeiting his bail bond, and he appeals.
    Appeal dismissed.
    E. B. Hendricks, Asst. Atty. Gen., for the State.
   MORROW, J.

Appellant is indicted for gaming, his case pending in the county court.

On April 16, 1917, his bail bond was forfeited and judgment nisi entered. In a bill of exceptions filed and proved by bystanders it appears that on April 18th he appeared in term time, demanded a trial, and offered to waive a jury and plead guilty. The court declined to try the case on the ground that it had been continued. By affidavit of the county attorney, found among the papers, it is stated that the plea of guilty was not tendered, in open court; that at the time it was tendered the court was not in session. The record shows appellant is in jail by virtue of this indictment.

This court is unable to pass upon the questions involved for the reason there is no final judgment in the record. Article 894, Vernon’s C. C. P., says:

“A defendant in any criminal action, upon conviction, has the right of appeal under the rules •hereinafter prescribed.”

It has often been held in the absence oí final judgment this court is without jurisdiction to hear the appeal. Republic of Texas v. Laughlin, Dallam, Dig. 412, and numerous subsequent cases listed in Vernon’s Code of Criminal Procedure, p. 807. Notice of appeal is also requisite. Article 915, Vernon’s C. C. P. p. 877, and cases cited. Appellant would not have the right to appeal from a judgment nisi in the forfeited bond case, but could do so only when that judgment was made final, and there being neither a final judgment in that proceeding, nor any judgment of conviction, or any notice of appeal, this court is without power in this proceeding to afford appellant the remedy he seeks, and can only enter an order dismissing the appeal for want of jurisdiction, which is here done. 
      <gEs>For other cases see same topic and KEY*-NUMBER in all Key-Numbered Digests and Indexes
     