Garcia v. State

Court of Criminal Appeals of Texas

Garcia v. State

378 S.W.2d 72, 1964 Tex. Crim. App. LEXIS 944

CourtCourt of Criminal Appeals of Texas

DecidedApril 22, 1964

DocketNo. 36905

StatusPublished

This text of 378 S.W.2d 72 (Garcia 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

Garcia v. State, 378 S.W.2d 72, 1964 Tex. Crim. App. LEXIS 944 (Tex. 1964).

Pincite

Opinion

DICE, Commissioner.

Aggravated assault is the offense, with punishment assessed at sixty days in jail and a fine of $100.

[73]*73The notice of appeal recites that the defendant gave notice of appeal to the County Court of Terry County, being the court in which he was convicted.

Such notice is not in compliance with the statute and is insufficient to confer jurisdiction upon this court. Ford v. State, Tex.Cr.App., 335 S.W.2d 606.

Further, the recognizance is not conditioned that the accused will abide the judgment of The Court of Criminal Appeals, as required by Art. 831, Vernon’s Ann.C.C.P.

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

Opinion approved by the court.

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