Bennett v. State
This text of 124 S.W.2d 359 (Bennett v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinions
The offense is an aggravated assault upon an officer in the lawful discharge of the duties of his office; the punishment, a fine of $300.00 and confinement in jail for 6 months.
While it appears that notice of appeal was given, there is nothing to show that said notice was recorded in the minutes of the court, as required by law. See Art. 827, C. C. P. This should appear from a certificate of the clerk, but in the present instance it merely appears that the instrument containing notice of appeal was filed. The appeal must be dismissed. Carre v. State, 75 S. W. (2d) 265.
The appeal is dismissed.
The foregoing opinion of the Commission of Appeals has *194 been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
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Cite This Page — Counsel Stack
124 S.W.2d 359, 136 Tex. Crim. 192, 1938 Tex. Crim. App. LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-state-texcrimapp-1938.