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Ex Parte Roberts

Court of Criminal Appeals of Texas
Nov 6, 1935
87 S.W.2d 477 (Tex. Crim. App. 1935)

Opinion

No. 18140.

Delivered November 6, 1935.

Appeal Dismissed — Jurisdiction.

Court of Criminal Appeals acquired no jurisdiction of appeal where record contained no notice of appeal given and entered as required by law.

Appeal from the County Court of Brewster County. Tried below before the Hon. R. B. Slight, Judge.

Appeal from order remanding relator to custody of sheriff.

Appeal dismissed.

The opinion states the case.

Fred Woodard, of Crane, and Mae M. Ament, of Alpine, for appellant.

Lloyd W. Davidson, State's Attorney, of Austin, for the State.


From an order remanding appellant to the custody of the sheriff upon a hearing of an application for a writ of habeas corpus, appellant attempts to bring this case here on appeal.

We observe in the record no notice of appeal given and entered as required by law. The only way this court acquires jurisdiction of an appealed case is by the giving and entry of a proper notice of appeal.

Being without jurisdiction, the appeal is dismissed.

Appeal dismissed.


Summaries of

Ex Parte Roberts

Court of Criminal Appeals of Texas
Nov 6, 1935
87 S.W.2d 477 (Tex. Crim. App. 1935)
Case details for

Ex Parte Roberts

Case Details

Full title:EX PARTE J. O. ROBERTS

Court:Court of Criminal Appeals of Texas

Date published: Nov 6, 1935

Citations

87 S.W.2d 477 (Tex. Crim. App. 1935)
129 Tex. Crim. 316