Rose v. State

111 S.W.2d 255, 133 Tex. Crim. 377, 1937 Tex. Crim. App. LEXIS 591

Opinion

MORROW, Presiding Judge. —

The conviction is for. -negligent homicide; penalty assessed at a fine of $100.00... ,

The transcript contains no notice of appeal to this court. Such notice, given in open court and entered of record, is essential to the jurisdiction of the reviewing court. In: the absence of such notice appearing in the record, the appeal must be dismissed. See Art. 827, C. C. P., Pullen v. State, 68, S. W. (2d) 181; Fullbright v. State, 101 S. W. (2d) 571; and cases cited.

. Under the circumstances, we have no choice but- to dismiss the appeal, and it is so ordered. Í

Appeal dismissed.