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Bertrand v. State

136 S.W.2d 849, 138 Tex. Crim. 393, 1940 Tex. Crim. App. LEXIS 78
CourtCourt of Criminal Appeals of Texas
DecidedFebruary 14, 1940
DocketNo. 20839.
StatusPublished
Cited by3 cases

This text of 136 S.W.2d 849 (Bertrand 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.

Bluebook
Bertrand v. State, 136 S.W.2d 849, 138 Tex. Crim. 393, 1940 Tex. Crim. App. LEXIS 78 (Tex. 1940).

Opinion

BEAUCHAMP, Judge.

Appellant was convicted for driving an automobile upon a public highway while intoxicated; penalty assessed at confinement in the county jail for 90 days and a fine of $400.00.

To confer jurisdiction upon the appellate court, it is essen *394 tial that the transcript show that notice of appeal was given in open court and entered of record. Art. 827, C. C. P. The transcript in the present instance shows a “docket entry” but fails to show that this was ever carried into the minutes of the court. Casey v. State, 32 S. W. (2d) 461, and cases there cited.

The appeal is dismissed.

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Related

Ash v. State
202 S.W.2d 849 (Court of Criminal Appeals of Texas, 1947)
Terry v. State
191 S.W.2d 736 (Court of Criminal Appeals of Texas, 1945)
Smith v. State
161 S.W.2d 492 (Court of Criminal Appeals of Texas, 1942)

Cite This Page — Counsel Stack

Bluebook (online)
136 S.W.2d 849, 138 Tex. Crim. 393, 1940 Tex. Crim. App. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bertrand-v-state-texcrimapp-1940.