Cockrell v. State

Court of Criminal Appeals of Texas

Cockrell v. State

318 S.W.2d 640, 1958 Tex. Crim. App. LEXIS 4804

CourtCourt of Criminal Appeals of Texas

DecidedDecember 10, 1958

DocketNo. 30228

StatusPublished

This text of 318 S.W.2d 640 (Cockrell 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.

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Cockrell v. State, 318 S.W.2d 640, 1958 Tex. Crim. App. LEXIS 4804 (Tex. 1958).

Pincite

Opinion

DAVIDSON, Judge.

The offense is burglary, with punishment affixed at five years in the penitentiary.

The notice of appeal herein appears only as a docket entry upon the trial court’s docket; it is not shown to have been entered of record in the minutes of the court.

We have repeatedly held that a valid notice of appeal must be entered of record and that a docket entry is not sufficient. Art. 827, Vernon’s Ann.C.C.P.; Martinez v. State, 157 Tex.Cr.R. 91, 246 S.W.2d 633; Keilmann v. State, 162 Tex.Cr.R. 603, 288 S.W.2d 113.

The appeal is dismissed.

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