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G. CASSENS v. THE STATE.

Selling Intoxicants to Minor — Appeal from Justice Court — Jurisdiction.

Where a misdemeanor was tried originally in the justice court and upon conviction appealed to the county court, and upon trial de novo resulted in a conviction and a fine of $25, the latter was a finality and an appeal to this court did not lie. Following Tison v. State, 35 Tex.Crim. Rep., and other cases.

DAVIDSON, PRESIDING JUDGE.

This case was tried originally in the Justice Court, from a conviction in which an appeal was taken to the County Court. The trial in the latter court resulted in a conviction with a fine of $25, the charge being the sale of intoxicants to a minor.

Motion is made to dismiss the appeal because of the fact that the fine was under one hundred dollars. This being true, the case was a finality in the County Court. Under the law this motion is well taken. See Nelson v. State, 33 Tex.Crim. Rep.; Tison v. State, 35 Tex.Crim. Rep.; Mahanay v. State, 60 S.W. Rep., 756.

The motion to dismiss is granted, and the appeal is dismissed.

Dismissed.

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CASSENS v. THE STATE
(Apr 14, 1909)