Joseph McKenna

“ The motion to transfer was granted. The defendant, by his counsel, excepted, and opposed the state's motion to reform and affirm the judgment, on the following grounds: (1) The motion was not disposed of at the term at which it was filed; (2) It was not such a motion as is contemplated by law, is not a motion for rehearing, nor a motion for the court to correct its own judgment, but it is a motion to enter an original judgment, which the lower court alone has the power to do at the proper time, and that the court of criminal appeals has no power to so do. ”

“ Reform' means to correct; to make anew; to rectify. Rapalje, Law Dict. p. 1083. Here we have all of the foundation of the judgment, including the verdict of the jury, which is the basic rock on which the judgment is formulated. We have, following this, the final judgment of the court, which is the sentence. This itself adjudicates the guilt of appellant and sentences him, in accordance with the verdict and judgment. From this data certainly we can do that which the court a quo, in due order, should have done. ”

“ It is therefore considered, ordered, and adjudged by the court that the defendant, William McCorquodale, is guilty of the offense of murder in the first degree, as found by the jury, and that he, the said William McCorquodale, be punished, as has been determined by the jury, by imprisonment for life in the penitentiary; and it is further ordered, adjudged, and decreed by the court that the state of Texas do have and recover of and from the defendant, William McCorquodale, all costs of this prosecution, for which execution may issue ”