Opinion
No. 19455.
Delivered March 3, 1938.
1. — Appeal (Notice of) — Jurisdiction of Court of Criminal Appeals.
Notice of appeal, given in open court, and entered of record, is essential to the jurisdiction of the Court of Criminal Appeals.
2. — Appeal Dismissed — Appeal (Notice of).
Where order appearing in transcript was nothing more than a docket entry and insufficient to show notice of appeal, appeal was dismissed.
Appeal from the District Court of San Augustine County. Hon. F. P. Adams, Judge.
Appeal from conviction for assault with intent to murder; penalty, confinement in penitentiary for two years.
Appeal dismissed.
The opinion states the case.
J. R. Bogard, of San Augustine, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Assault with intent to murder is the offense; penalty assessed at confinement in the penitentiary for two years.
Notice of appeal, given in open court and entered of record, is essential to the jurisdiction of the Court of Criminal Appeals. Article 827, C. C. P.; Tex. Jur., Vol. 4, pp. 114-116, Secs. 76-78; Rose v. State, 111 S.W.2d 255; Shelbourne v. State, 98 S.W.2d 192; Kinney v. State, 110 S.W.2d 63. The order appearing in the transcript in the present instance is nothing more than a docket entry, and is insufficient to show notice of appeal. The appeal must therefore be dismissed, and it is so ordered.