Opinion
No. 21929.
Delivered February 11, 1942.
Notice of Appeal — Jurisdiction.
Where no notice of appeal appeared in the record, which was necessary to give jurisdiction to Court of Criminal Appeals, appeal was dismissed.
Appeal from County Court of Lamar County. Hon. Eugene F. Harrell, Judge.
Appeal from conviction for using violently abusive language under circumstances reasonably calculated to provoke a breach of the peace; penalty, fine of $25.00.
Appeal dismissed.
The opinion states the case.
R. E. Eubank, of Paris, for appellant.
Spurgeon E. Bell, State's Attorney, of Austin, for the State.
The offense is the use of violently abusive language under circumstances reasonably calculated to provoke a breach of the peace. The penalty assessed is a fine of $25.00.
No notice of appeal appears in the record. This is necessary to confer jurisdiction on this court to consider the appeal. Art. 827, C. C. P., and cases cited under said article in Vernon's Ann. Tex. C. C. P., Vol. 3, p. 197. See also Branch's Ann. Tex. P. C., sec. 588.
The appeal is dismissed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.