Thweatt v. State

9 S.W.2d 1042, 110 Tex. Crim. 603, 1928 Tex. Crim. App. LEXIS 710
CourtCourt of Criminal Appeals of Texas
DecidedOctober 10, 1928
DocketNo. 12191.
StatusPublished
Cited by3 cases

This text of 9 S.W.2d 1042 (Thweatt 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
Thweatt v. State, 9 S.W.2d 1042, 110 Tex. Crim. 603, 1928 Tex. Crim. App. LEXIS 710 (Tex. 1928).

Opinion

CHRISTIAN, Judge.

The' offense is unlawfully carrying a pistol; the punishment a fine of $100.00.

Proper notice of appeal was not given. In the order overruling the motion for a new trial it is recited that appellant upon the overruling of the motion “then and there in open court gave notice of appeal.” Whether such appeal be to this court or some other court does not appear. Hill v. State, 300 S. W. 70. Without proper notice of appeal this court is without jurisdiction. Article 827 C. C. P.; Davidson v. State, 285 S. W. 831.

The appeal is dismissed.

Dismissed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of -Criminal Appeals and approved by the Court,

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Related

Allen v. State
137 S.W.2d 780 (Court of Criminal Appeals of Texas, 1940)
Ex Parte Maple
33 S.W.2d 734 (Court of Criminal Appeals of Texas, 1930)
Stone v. State
31 S.W.2d 1077 (Court of Criminal Appeals of Texas, 1930)

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Bluebook (online)
9 S.W.2d 1042, 110 Tex. Crim. 603, 1928 Tex. Crim. App. LEXIS 710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thweatt-v-state-texcrimapp-1928.