Ford v. State

335 S.W.2d 606, 169 Tex. Crim. 518, 1960 Tex. Crim. App. LEXIS 3002

• Court: Court of Criminal Appeals of Texas
• Decided: March 30, 1960
• Docket: 31629
• Status: Published

Opinions

WOODLEY, Judge.

The offense is contributing to the delinquency of a girl under 17 years of age; the punishment, 30 days in jail and a fine of $100.

The notice of appeal recites that the defendant gave notice of appeal to the Court of Civil Appeals at Austin, Texas.

Such notice was not in compliance with the statute and was insufficient to confer jurisdiction upon this court. Ex parte Moore, 109 Tex. Cr. R. 73, 3 S.W. 2d 86, Ayers v. State, 66 Tex. Cr. R. 281, 146 S.W. 171; Thomas Doekery v. State, 56 Tex. Cr. R. 246, 119 S.W. 846.

Supplemental transcript has been filed which contains the affidavit of one of the sureties. It adds nothing to the recognizance appearing in the transcript, which binds appellant and his sureties to abide the judgment of the Court of Criminal Appeals of the State of Texas.

We are bound by the notice of appeal entered of record in the trial court. If a proper notice of appeal was given in open court, as required by Art. 827 V.A.C.C.P., that statute provides the method by which its entry in the record may be obtained.

The state’s motion to dismiss the appeal is granted and the appeal is dismissed.