Broome v. State

Full title: George E. BROOME, Appellant, v. STATE of Texas, Appellee.

Court: Court of Criminal Appeals of Texas

Date published: Mar 30, 1960

335 S.W.2d 608 (Tex. Crim. App. 1960)

Opinion

335 S.W.2d 608 (Tex.Crim.App. 1960) George E. BROOME, Appellant, v. STATE of Texas, Appellee. No. 31628. Court of Criminal Appeals of Texas. March 30, 1960

No attorney for appellant of record on appeal.

[169 Tex.Crim. 515] Lon Moser, County Atty., R. L. Templeton, Asst. County Atty., Amarillo, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $50.

The notice of appeal recites that the defendant gave notice of appeal to the Court of Civil Appeals at Austin, Texas.

Such notice is not in compliance with Art. 827, Vernon's Ann.C.C.P. and is similar to the notice of appeal given in Bain v. State, Tex.Cr.App., 335 S.W.2d 607, which was held insufficient to confer jurisdiction upon this court.

For such reason the State's motion to dismiss the appeal is granted and the appeal is dismissed.

Opinion approved by the court.

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.