Whittington v. State

Court of Criminal Appeals of Texas

Whittington v. State

400 S.W.2d 336

CourtCourt of Criminal Appeals of Texas

DecidedMarch 16, 1966

DocketNo. 39429

StatusPublished

This text of 400 S.W.2d 336 (Whittington 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.

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Whittington v. State, 400 S.W.2d 336 (Tex. 1966).

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Opinion

BELCHER, Commissioner.

This is a conviction for robbery, with the punishment assessed at seven years.

The notice of appeal herein appears only as a docket entry upon the trial court’s docket. It was given on June 29, 1965, but is not shown to have been given in open court and entered in the minutes as required by Art. 827, C.C.P., which was in effect at the time. This is not sufficient to confer jurisdiction upon the court. Oatman v. State, Tex.Cr.App., 383 S.W.2d 586.

The appeal is dismissed.

Opinion approved by the Court.

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BELCHER, Commissioner.

This is a conviction for robbery, with the punishment assessed at seven years.

The notice of appeal herein appears only as a docket entry upon the trial court’s docket. It was given on June 29, 1965, but is not shown to have been given in open court and entered in the minutes as required by Art. 827, C.C.P., which was in effect at the time. This is not sufficient to confer jurisdiction upon the court. Oatman v. State, Tex.Cr.App., 383 S.W.2d 586.

The appeal is dismissed.

Opinion approved by the Court.

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400 S.W.2d 336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whittington-v-state-texcrimapp-1966.

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