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Birdwell v. State

114 S.W.2d 256, 134 Tex. Crim. 77, 1938 Tex. Crim. App. LEXIS 207
CourtCourt of Criminal Appeals of Texas
DecidedMarch 3, 1938
DocketNo. 19455.
StatusPublished

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

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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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)

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Bluebook (online)
114 S.W.2d 256, 134 Tex. Crim. 77, 1938 Tex. Crim. App. LEXIS 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/birdwell-v-state-texcrimapp-1938.