
    ALLEN v. STATE.
    (No. 3126.)
    (Court of Criminal Appeals of Texas.
    May 13, 1914.)
    Criminal Law (§ 1020) — Appeal—Dismiss- - al — Want of Jurisdiction.
    Under the express provisions of Code Cr. Broe. 1911, art. 87, no appeal lies frota a conviction in the county court on appeal from a justice’s court, where the fine assessed exclusive of costs does not exceed $100, and an appeal to the Court of Criminal Appeals from such a judgment will be dismissed.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2578-2580; Dec. Dig. § 1020.]
    Appeal from Guadalupe County Court; J. M. Woods, Judge.
    Roy Allen was convicted in the county court upon appeal from the justice's court of unlawfully using a horse of another without the consent of the owner, and fined $100 and costs, and he appeals.
    Appeal dismissed.
    P. E. Campbell, of Seguin, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
    
      
       For other cases see same topic and section NUMBER in Deo. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
    
   HARPER, J.

Appellant was charged by complaint in the justice’s court, precinct No. 1, Guadalupe county, Tex., with the offense of unlawfully using a horse of Charley Scott, without the consent of Charley Scott. He was tried in the justice’s court and found guilty by a jury. He perfected his appeal to the county court and was tried on the 17th day of March, 1914, before the court, a jury having been waived by appellant; he was again convicted, and fined $100 and costs of prosecution. In due season a motion for a new trial was made, presented,' and overruled. Appellant gave notice of appeal and attempts to bring his case before this court for review and revision.

Article 87, C. C. P., provides that in cases on appeal from justice courts, if the fine assessed in the county court shall not exceed $100, exclusive of cost, no appeal lies to this court. Tison v. State, 35 Tex. Cr. R. 360, 33 S. W. 872.

Appeal dismissed.  