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Birdwell v. State

114 S.W.2d 256, 134 Tex. Crim. 77, 1938 Tex. Crim. App. LEXIS 207
Court of Criminal Appeals of Texas·Decided March 3, 1938·No. No. 19455.·Published

Opinion

Morrow, Presiding Judge.

Assault with intent to murder is the offense; penalty assessed at confinement in the penitentiary for two years.

Notice of appeal, given in open court and entered of record, is essential to the jurisdiction of the Court of Criminal Appeals. Article 827, C. C. P.; Tex. Jur., Vol. 4, pp. 114-116, Secs. 76-78; Rose v. State, 111 S. W. (2d) 255; Shelbourne v. State, 98 S. W. (2d) 192; Kinney v. State, 110 S. W. (2d) 63. The order appearing in the transcript in the present instance is nothing more than a docket entry, and is insufficient to show notice of appeal. The appeal must therefore be dismissed, and it is so ordered.

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Birdwell v. State, 114 S.W.2d 256, 134 Tex. Crim. 77, 1938 Tex. Crim. App. LEXIS 207 (Tex. 1938).

114 S.W.2d 256 (Birdwell v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Kinney v. State
110 S.W.2d 63 (Court of Criminal Appeals of Texas, 1937)
Rose v. State
111 S.W.2d 255 (Court of Criminal Appeals of Texas, 1937)
Shelbourne v. State
98 S.W.2d 192 (Court of Criminal Appeals of Texas, 1936)