Opinion
No attorney for appellant of record on appeal.
Lon Moser, County Atty., R. L. Templeton, Asst. County Atty., Amarillo, and Leon B. Douglas, State's Atty., Austin, for the State.
WOODLEY, Judge.
The offense is driving which intoxicated; the punishment, 3 days in jail and a fine of $50.
The notice of appeal appearing in the transcript recites that the 'defendant in open court gave notice of appeal to the Court of Civil Appeals, Austin, Texas.'
[169 Tex.Crim. 514] The State moves to dismiss the appeal, citing Ex parte Moore, 109 Tex.Cr.R. 73, 3 S.W.2d 86, which sustains its position that such notice did not confer jurisdiction of the appeal on this court.
The more recent decisions holding that the statute, Vernon's Ann.C.C.P. art. 827 does not require the notice of appeal to specify the court to which notice of appeal is given recognize that the statute must be strictly complied with. Braun v. State, 158 Tex.Cr.R. 394, 257 S.W.2d 708; Blackman v. State, Tex.Cr.App., 20 S.W.2d 783; Casey v. State, 116 Tex.Cr.R. 111, 32 S.W.2d 461.
Such holdings are consistent with Ex parte Moore, supra, which has not been overruled. See also Ayers v. State, 66 Tex.Cr.R. 281, 146 S.W. 171; Thomas & Dockery v. State, 56 Tex.Cr.R. 246, 119 S.W. 846.
The appeal is dismissed.
DAVIDSON, Judge (dissenting).
For the reason assigned in my dissenting opinion in Ford v. State, Tex.Cr.App., 335 S.W.2d 606, I enter my dissent here, in so far as applicable.