Cook v. State

Court of Criminal Appeals of Texas

Cook v. State

165 S.W.2d 453, 145 Tex. Crim. 25, 1942 Tex. Crim. App. LEXIS 467

CourtCourt of Criminal Appeals of Texas

DecidedNovember 4, 1942

DocketNo. 22258

StatusPublished

Cited by3 cases

This text of 165 S.W.2d 453 (Cook 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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Cook v. State, 165 S.W.2d 453, 145 Tex. Crim. 25, 1942 Tex. Crim. App. LEXIS 467 (Tex. 1942).

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Opinion

BEAUCHAMP, Judge.

Appellant was charged in the County Court of Erath County with a violation of the liquor laws.

The caption shows that the term of court began on the 3rd day of November, 1941, and adjourned on the 2nd day of De-« cember, 1941. On the last day of court the case was submitted [26]*26to the jury and a verdict of guilty was returned on the same date. Judgment was accordingly entered in the minutes of that day by the clerk. The appellant forthwith filed his motion for new trial. No action seems to have been taken until the 28th day of February, at which time the court undertook to' consider the motion and entered his order overruling the same. To this action appellant excepted and gave notice of appeal.

It appears that no notice was given at the term of court at which the party was tried in accordance with the provisions of Articles 826 and 827 of the Code of Criminal Procedure. Under this state of facts this court is without jurisdiction to enter any order other than to dismiss the appeal. Bennett v. State, 194 S. W. 145. Accordingly, the appeal is dismissed.

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BEAUCHAMP, Judge.

Appellant was charged in the County Court of Erath County with a violation of the liquor laws.

The caption shows that the term of court began on the 3rd day of November, 1941, and adjourned on the 2nd day of De-« cember, 1941. On the last day of court the case was submitted [26]*26to the jury and a verdict of guilty was returned on the same date. Judgment was accordingly entered in the minutes of that day by the clerk. The appellant forthwith filed his motion for new trial. No action seems to have been taken until the 28th day of February, at which time the court undertook to' consider the motion and entered his order overruling the same. To this action appellant excepted and gave notice of appeal.

It appears that no notice was given at the term of court at which the party was tried in accordance with the provisions of Articles 826 and 827 of the Code of Criminal Procedure. Under this state of facts this court is without jurisdiction to enter any order other than to dismiss the appeal. Bennett v. State, 194 S. W. 145. Accordingly, the appeal is dismissed.

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165 S.W.2d 453, 145 Tex. Crim. 25, 1942 Tex. Crim. App. LEXIS 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-state-texcrimapp-1942.

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