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AUSTELL v. STATE

No. 61588.

638 S.W.2d 888 (1982)

Sherrell Gene AUSTELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

September 15, 1982.

Attorney(s) appearing for the Case

James P. Finstrom, Dallas, Martin Underwood, Comstock, for appellant.

G. Dixon Mahon, Dist. Atty., Ozona, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

ROBERTS, Judge.

On July 28, 1972, a jury found the appellant guilty of kidnapping for extortion. Since then, the course of the law has not run smooth. The appeal has yet to be resolved; in fact, we hold that it is incapable of resolution. The judgment cannot stand.

On August 3, 1972, when punishment was assessed and the judgment and sentence were entered,1 the appellant gave notice of appeal and asked the court...

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