Opinion
No. 15256.
Delivered May 18, 1932. Reported in 49 S.W.2d 1117.
Spite Fence — Appeal — Jurisdiction.
Where conviction was had for building a fence in violation of an ordinance of the city of Fort Worth and a fine of $10 assessed, the Court of Criminal Appeals has no appellate jurisdiction of the case.
Appeal from the County Court at Law No. 1, Tarrant County. Tried below before the Hon. David McGee, Judge.
Appeal from a conviction for building a fence in violation of an ordinance of the city of Fort Worth; penalty, assessment of a fine of $10.
Dismissed.
The opinion states the case.
Vess Jones, of Dallas, and Arthur Haddaway, Simpson, Brewster Rogers, Houtchens Houtchens, and J. Harold Craik, all of Fort Worth, for appellant.
Cecil Rotsch and Stanley Bransford, Asst. Crim. Dist. Attorneys, William H. Gilmartin, Asst. City Attorney, and Richard U. Simon, Special Prosecutor, all of Fort Worth, and Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction for maintaining a spite fence; punishment, a fine of $10.
The complaint upon which this prosecution began was filed in the corporation court of the city of Fort Worth. Upon conviction the case was appealed to the county court at law, where appellant was again convicted and fined the sum of $10. She has attempted to appeal from said judgment to this court. Her right to such appeal is precluded by the terms of article 53, C. C. P., 1925, which expressly deprives this court of appellate jurisdiction over any case which has been appealed from an inferior court to the county court of any county in this state, in which the fine imposed in the county court is less than $100.
The appeal is dismissed.
Dismissed.