Opinion
No. 19608.
Delivered April 6, 1938. Appeal reinstated May 18, 1938.
1. — Attempted Appeal Dismissed — Appeal (Notice of).
Where the record failed to show that notice of appeal was given and entered upon the minutes of the trial court, Court of Criminal Appeals was without jurisdiction to hear and determine matters sought to be presented for review, and the attempted appeal would be dismissed.
ON MOTION TO REINSTATE APPEAL.2. — Appeal Reinstated — Record Corrected — Appeal (Notice of).
An appeal that has been dismissed because of the absence of a notice of appeal in the transcript, would be reinstated, where the record was corrected by the filing of a certified copy of such notice.
3. — Statement of Facts — Charge.
Where the record was before appellate court without a statement of facts, Court of Criminal Appeals could not appraise the complaints made to the charge of the trial court.
Appeal from the County Court of Tom Green County. Hon. Jim W. Stovall, Judge.
Appeal from conviction for violating the liquor law by having liquor on the premises when the license only allowed the sale of beer; penalty, fine of $150.
Attempted appeal dismissed.
The opinion states the case.
J. M. Davenport, of San Angelo, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction is for violation of the liquor law by having liquor on the premises when the license only allowed the sale of beer. Punishment is assessed at a fine of $150.
The record fails to show that notice of appeal was given and entered upon the minutes of the trial court. In the absence of such a showing, this Court is without jurisdiction to hear and determine matters sought to be presented for review. See Long v. State, 3 Tex.Crim. Rep.; Lenox v. State, 55 Tex. Crim. 259; Roberts v. State, 99 Tex.Crim. Rep.; Article 827, C. C. P.
The attempted 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.
ON MOTION TO REINSTATE APPEAL.
The appeal was dismissed at a former day because of the absence of a notice of appeal in the transcript. The record having been corrected by the filing of a certified copy of such notice, the appeal will now be reinstated.
The record is before this Court without statement of facts or bills of exception.
Appellant filed some exceptions to the charge of the court but presented no special charges relative thereto as is required in misdemeanor cases. In the absence of the statement of facts, this Court is unable to appraise the complaints made of the charge of the trial court.
The appeal is reinstated and the judgment is affirmed.