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Lucas v. State

135 S.W.2d 720, 138 Tex. Crim. 277, 1939 Tex. Crim. App. LEXIS 643
Court of Criminal Appeals of Texas·Decided December 13, 1939·No. No. 20,615.·Published·Cited by 5 cases

Opinions

The conviction is for assault with intent to rape; penalty assessed at confinement in the penitentiary for two years.

The record contains no notice of appeal. Article 827, C. C. P., requires such notice to be given "in open court" and "entered of record." The transcript in the present instance shows only a "docket entry" of the notice of appeal, which is not sufficient to confer jurisdiction upon this Court to consider the appeal. See Casey v. State, 32 S.W.2d 461; Bagley v. State, 70. S.W.2d 177. Therefore, upon the record before us, the appeal must be dismissed, and it is so ordered. *Page 279

ON APPELLANT'S MOTION TO REINSTATE THE APPEAL.

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Lucas v. State, 135 S.W.2d 720, 138 Tex. Crim. 277, 1939 Tex. Crim. App. LEXIS 643 (Tex. 1939).

135 S.W.2d 720 (Lucas v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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