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KINNEY v. STATE

Court of Criminal Appeals of Texas.
Nov 17, 1937

Transcript — Notice of Appeal.

The absence from transcript of a notice of appeal necessitates dismissal of appeal, since such notice, given in open court and entered of record, is essential to the jurisdiction of appellate court.

MORROW, PRESIDING JUDGE. —

The conviction is for unlawfully carrying a pistol; penalty assessed at a fine of $250.00.

The transcript is void of a notice of appeal. Such notice, given in open court and entered of record, is essential to the jurisdiction of this court. See Art. 827, Vernon's Ann. C. C. P., Vol. 3; Pullen v. State, 125 Tex.Crim. Rep.; Shelbourne v. State, 98 S.W.2d 192; Fullbright v. State, 101 S.W.2d , 571.

The appeal is dismissed.

Appeal dismissed.