Opinion
No. 21488.
Delivered March 12, 1941.
Notice of Appeal — Jurisdiction — Mere Notation.
A mere notation, which seemed to have been made by the court on his docket, that the defendant gave notice of appeal, was insufficient to confer jurisdiction on appellate court, since the notice of appeal must be entered upon the minutes of the court.
Appeal from County Court of Andrews County. Hon. W. G. Burkett, Judge.
Appeal from conviction for unlawfully carrying a pistol; penalty, fine of $125.00.
Appeal dismissed.
The opinion states the case.
Kelley Prichard, of Odessa, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The conviction is for unlawfully carrying a pistol; the penalty assessed is a fine of $125.00.
No such notice of appeal appears in the record as will confer jurisdiction on this court. There is a notation which seems to have been made by the court on his docket that the defendant gave notice of appeal but this is not sufficient. The notice of appeal must be entered upon the minutes of the court. See Art. 827, C. C. P.; Branch's Ann. Tex. P. C., sec. 588; Neloms v. State, 146 S.W.2d 389, and cases cited.
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.