Ray v. State
This text of 91 S.W.2d 740 (Ray 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.
Opinion
The conviction is for negligent homicide; penalty assessed at a fine of fifty dollars.
The record contains no such notice of appeal as will confer jurisdiction upon this court to consider the appeal. Art. 827, C. C. P., requires that the notice of appeal be entered of record. The transcript shows a docket entry of a notice of appeal but it is not shown that this was ever entered upon the minutes of the court. The decisions are to the effect that the docket entry of notice of appeal, not carried into the minutes of the court, is insufficient notice of appeal to vest the appellate court with jurisdiction. See Casey v. State, 32 S. W. (2d) 461; Bagley v. State, 70 S. W. (2d) 177; Carre v. State, 75 S. W. (2d) 256.
Upon the record before us, the appeal is dismissed.
Dismissed.
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Cite This Page — Counsel Stack
91 S.W.2d 740, 130 Tex. Crim. 28, 1936 Tex. Crim. App. LEXIS 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ray-v-state-texcrimapp-1936.