
    JONES v. STATE.
    (No. 10038.)
    (Court of Criminal Appeals of Texas.
    March 24, 1926.)
    Criminal law <©=>1023(9).
    Judgment of conviction is not final and ap-pealable, where defendant was given suspended sentence.
    Appeal from District Court, Camp County; R-. T. Wilkinson, Judge.
    Jim Jones was convicted of possessing mash for purpose.of making intoxicating liquor, and he appeals.
    Appeal dismissed.
    J. A. Guest and Everett Bryson, both of Pittsburg, for appellant.
    Sam D. Stinson, State’s Atty., of Austin, and Robt. M. Byles, Asst. State’s Atty., of Groesbeck, for the State.
   LATTIMORE, J.

Appellant was convicted in the district court of Camp county for possessing mash for the purpose of making intoxicating liquor, and his punishment fixed at one year in the penitentiary.

Appellant was given a suspended sentence, notwithstanding which he filed a motion for-new trial and gave notice of appeal. Under the terms of our statute relative to suspended sentence, it has been held that in a case where one receives such sentence the judgment is not final and cannot be appealed from. Bierman v. State, 164 S. W. 840, 73 Tex. Cr. R. 284; Hill v. State, 243 S. W. 982, 92 Tex. Cr. R. 312.

There being no final judgment in this case from which appeal can be properly taken, this court is without jurisdiction, and the appeal must be dismissed, and it is accordingly" so ordered.  