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DeLUNA v. STATE

No. 37681.

387 S.W.2d 678 (1965)

Joe DeLUNA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Motion to Reinstate Appeal Denied March 10, 1965.

Attorney(s) appearing for the Case

No attorney of record on appeal; Richard T. Prigmore, Brownfield (on motion to reinstate appeal), for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

McDONALD, Presiding Judge.

The offense is possession of a narcotic drug, to-wit: marijuana; the punishment, 15 years confinement in the state penitentiary.

The record does not reflect that a sentence was imposed upon the appellant. A sentence is requisite to the appeal in ordinary felony cases and notice of appeal may be given either before or after sentence is pronounced. Art. 829, Vernon's Ann.C.C. P., Gossett v. State, 162 Tex.Cr.R. 52,

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