Kelly v. State
This text of 138 S.W.2d 1075 (Kelly 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.
Opinions
Appellant was convicted in the County Court of Collin County upon complaint and information charging that he unlawfully prescribed more than one pint of whisky in one day to P. S. Gibbs. His punishment was fixed at a fine of $150.00.
The record contains no such notice of appeal as will confer jurisdiction upon this court under the terms of Article 827, C. C. P., which requires that the notice be “entered of record.” The transcript in the present instance shows a “docket entry,” but fails to show that this was ever carried into the minutes of the court. Casey v. State, 32 S. W. (2d) 461; Rodriguez v. State, 132 S. W. (2d) 867, and cases there cited.
The appeal is dismissed.
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Cite This Page — Counsel Stack
138 S.W.2d 1075, 139 Tex. Crim. 156, 1940 Tex. Crim. App. LEXIS 269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-state-texcrimapp-1940.