Cockrell v. State

318 S.W.2d 643, 1958 Tex. Crim. App. LEXIS 4805

Opinion

DAVIDSON, Judge.

Felony theft is the offense, with punishment assessed at five years’ confinement 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.